Patna High Court
Jitendra PrajapativersusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- BNSS, 2023 — s. 103, 105
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
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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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