Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
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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
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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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