Patna High Court
Jitendra Rai @ Jiterndra Kumar Rai @ Jitendra Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Jitendra Rai, was charged under Section 414 of the IPC and Section 30(a) of the Bihar Excise Act for allegedly being involved in the recovery of 697.32 litres of liquor from a Bolero vehicle. He has seven prior cases, five under the Excise Act, and claims he was not arrested at the spot, that the seized vehicle was not his, and that he was implicated solely on the basis of a chowkidar's information without proper investigation. The petitioner has been in custody since 12‑12‑2025 and seeks bail. The State opposed the bail application. The Court, after considering the petitioner's submissions, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, directing compliance with the trial court's conditions.
Issues considered
- Whether bail should be granted to the accused under Section 414 IPC and Section 30(a) Bihar Excise Act despite antecedent cases
- Whether the circumstances of arrest and lack of seizure from the accused's possession justify bail
Legislation cited
- Indian Penal Code — s. 414
Subjects
- bail
- excise law
- IPC 414
- seizure of liquor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2098 of 2026
Arising Out of PS. Case No.-1022 Year-2021 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Jitendra Rai @ Jiterndra Kumar Rai @ Jitendra Kumar Yadav S/o Satan Rai
@ Jatan Rai R/o Village - Jalalpur, P.S - Lalganj, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 414 of IPC and Section 30(a)
of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of seven cases out of which five cases
are under the Excise Act and allegation is of recovery of 697.32
liters of liquor from a Bolero vehicle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated at the instance
of Chowkidar but then it is submitted that once an accused is
Patna High Court CR. MISC. No.2098 of 2026(2) dt.30-01-2026
2/2
implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation. It is also submitted that
petitioner is in custody since 12-12-2025.
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner.
6. Considering the submission made by learned
counsel for the petitioner, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Sadar Hajipur P.S.
Case No. 1022 of 2021.
(Satyavrat Verma, J)
Rishabh/-
U T
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