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Patna High Court

Jitendra PrajapativersusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond of Rs 10,000 and the conditions stipulated in the order.

Summary

Jitendra Prajapati was arrested on 4 March 2026 in connection with a case of illicit liquor possession under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The seized 16.38 litres of liquor was recovered from a motorcycle, not from the accused’s conscious possession, and the FIR allegedly failed to comply with Sections 103 and 105 of the BNSS, 2023. The petitioner sought bail, arguing the lack of direct possession and procedural lapses, while the State opposed bail, noting the arrest at the scene and the petitioner’s two other similar cases (both on bail). The court examined the facts, the statutory provisions, and the petitioner’s criminal antecedent, and decided to grant bail on a bond of Rs 10,000 with two sureties and several conditions regarding trial cooperation, evidence tampering, and disclosure of antecedents. The bail order was directed to be implemented by the Special Excise Judge‑1, Kaimur.

Issues considered

  • Whether bail should be granted when the contraband was not found in the accused's conscious possession
  • Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023 precludes the grant of bail

Legislation cited

Subjects

  • bail
  • illicit liquor
  • conscious possession
  • prohibition and excise law
  • BNSS 2023
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22880 of 2026
                   Arising Out of PS. Case No.-91 Year-2026 Thana- CHAND District- Kaimur (Bhabua)
                 ======================================================
                 Jitendra Prajapati S/O Late Chekhuri Kumhar Resident of Village -
                 Bhagwanpur, P.S.- Bhagwanpur, District -Kaimur (Bhabua).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rakesh Kumar Mishra, Advocate
                 For the Opposite Party/s :      Mr.Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-04-2026                  Heard Mr.Rakesh Kumar Mishra, learned counsel for

                   the petitioner and Mr.Kumar Ranjit Ranjan, learned A.P.P. for

                   the State.

                                2. The petitioner seeks bail, who is in custody since

                   04.03.2026 in connection with Chand P.S. Case No. 91 of 2026,

                   F.I.R. dated 03.03.2026 registered for the offence punishable

                   under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

                                3. Recovery is of 16.38 liters of illicit liquor.

                                4. Learned counsel appearing for the petitioner

                   submits that from a bare perusal of the FIR it appears that

                   nothing has been recovered from conscious possession of the

                   petitioner rather the recovery has been made from the

                   motorcycle in question and altogether 16.38 liters of Indian

                   made foreign liquor was recovered from the motorcycle in
Patna High Court CR. MISC. No.22880 of 2026(2) dt.08-04-2026
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          question and there is non-compliance of Sections 103 and 105

          of BNSS, 2023 and the petitioner is in custody since

          04.03.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner and submits that the petitioner was

          apprehended at the place of occurrence, apart from that, the

          petitioner carries two more cases of similar nature other than the

          present one but he fairly submits that the petitioner is on bail

          both the cases, as mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid fact, let the petitioner,

          above named, be released on bail on furnishing bail bond of

          Rs.10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned Special Excise Judge-1,

          Kaimur at Bhabhua in connection with Chand P.S. Case No. 91

          of 2026,with the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.

                       (II) If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move
               Patna High Court CR. MISC. No.22880 of 2026(2) dt.08-04-2026
                                                           3/3




                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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