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Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to monetary, surety, attendance and antecedent‑verification conditions.

Summary

The petitioner, Jitendra Kumar, was arrested in connection with the seizure of 135 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He pleaded innocence, asserted a clean criminal record, and had been in custody since 14 February 2026. The State opposed his bail application, while the petitioner offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The High Court, after considering the facts and submissions, granted bail on the condition of a Rs. 10,000 bond with two sureties, a Rs. 25,000 donation to Ramakrishna Mission Ashram, monthly police‑station attendance, and verification of his antecedents. The order expressly limited its effect to the bail application and did not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
  • Whether the petitioner’s claim of a clean antecedent and willingness to make a charitable donation justify bail.

Subjects

  • bail
  • illicit liquor
  • prohibition law
  • criminal procedure
  • surety
  • charitable donation condition
  • antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21173 of 2026
                         Arising Out of PS. Case No.-37 Year-2026 Thana- BELA District- Sitamarhi
                 ======================================================
                 Jitendra Kumar Son of Late Ram Ashish Sah Resident of Village - Sursand,
                 P.S. -Sursand, District -Sitamarhi.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Birendra Kumar
                 For the Opposite Party/s :        Mr.Shyam Bihari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   06-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Bela

                   P.S. Case No. 37 of 2026 registered for the offence under

                   Section 30(a) of the Bihar Prohibition and Excise Amendment

                   Act, 2022.

                                 3. The recovery is of 135 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 14.02.2026. He

                   further submits that the petitioner is having no criminal

                   antecedent.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable

                   organization without accepting his guilt.
Patna High Court CR. MISC. No.21173 of 2026(2) dt.06-04-2026
                                            2/3




                        6. Learned APP appearing for the State opposes the

          prayer for bail of the petitioner.

                        7. Considering the facts and circumstances of the

          case and submissions of learned counsel for the petitioner, let

          the petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned concerned

          Court below in connection with Bela P.S. Case No. 37 of 2026.

                        8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Mission Ashram, Bela, Muzaffarpur and produce

          the receipt of the same before the Court below. The bail bonds

          of the petitioner shall be accepted after verifying the

          genuineness of the receipt produced by the petitioner.

                       9. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at

          Sursand Police Station on every Sunday of each month. Any

          default in appearance at the police station will result in

          cancellation of bail bonds of the petitioner.

                       10. As the petitioner claims to have clean antecedent,

          the Court below, before accepting the bail bonds of the

          petitioner is directed to verify the antecedent of the petitioner. If
          Patna High Court CR. MISC. No.21173 of 2026(2) dt.06-04-2026
                                                      3/3




                    the petitioner is found to be involved in any other case then the

                    bail bonds of the petitioner shall not be accepted.

                                 11. It is, however, clarified that the observations made

                    herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                             (Sandeep Kumar, J)
Vikas/-

U


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