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Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioners.

Summary

The petitioners, Jitendra Kumar and Amit Kumar, were arrested as driver and co‑driver of a vehicle from which 252 litres of illicit country‑made liquor was seized, leading to charges under sections 30(a), 32(1), 32(3), 41 and 1(2) of the Bihar Prohibition and Excise Act. They contended that they had no knowledge of the contraband, that nothing was recovered from their possession, and that they had no prior criminal record, having been in judicial custody since 12‑02‑2026. The State opposed the grant of regular bail. The court noted the petitioners' role as mere drivers, the alleged procedural lapse in not complying with Section 105 of the BNSS while preparing the seizure list, and their lack of antecedents. Considering these factors, the court ordered that both petitioners be released on regular bail upon furnishing a bond of Rs 10,000 each with two sureties, subject to the satisfaction of the Exclusive Special Judge (Excise)‑I, Kaimur.

Issues considered

  • Whether the drivers of a vehicle from which illicit liquor was seized can be granted regular bail under the Bihar Prohibition and Excise Act.
  • Whether the alleged non‑compliance with Section 105 of the BNSS in preparing the seizure list warrants bail.
  • Whether lack of prior criminal antecedents and the petitioners' claim of ignorance of the contraband justify bail.

Legislation cited

Subjects

  • regular bail
  • excise law
  • illicit liquor
  • driver liability
  • Bihar Prohibition and Excise Act
  • procedural lapse
  • Section 105 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23751 of 2026
                  Arising Out of PS. Case No.-76 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
                 ======================================================
           1.     Jitendra Kumar Son of Jamwant Singh Resident of village- Bhokhri Ps-
                  Mohania, Dist- Kaimur
           2.    Amit Kumar son of Surendra Singh Resident Of Village - usraw, Ps- Dinara,
                 Dist- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Aquaib Khan, Advocate
                 For the Opposite Party/s :        Mr. Narsingh Tanti, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   10-04-2026                         Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners have prayed for regular bail in a

                   case registered for the offence punishable under sections 30(a),

                   32(1), (3), 41 and (1) (2) of the Bihar Prohibition and Excise

                   Act.

                                3. The case of the prosecution is that from a vehicle

                   altogether 252 liters of country made liquor was recovered.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have committed no offence.

                   Learned counsel for the petitioners has submitted that nothing

                   has been recovered from the possession of the petitioners.
            Patna High Court CR. MISC. No.23751 of 2026(2) dt.10-04-2026
                                                        2/2




                      Learned counsel has submitted that petitioners are merely a

                      driver and a co-driver of the alleged vehicle and they are

                      unaware of the alleged consignment of illicit liquor which was

                      kept in the vehicle. The witnesses of the seizure list are police

                      personnel and police has not complied Section 105 of BNSS

                      while preparing seizure list. A statement has been made in para-

                      3 of this petition that the petitioners have got no criminal

                      antecedent. Moreover, they are languishing in judicial custody

                      since 12.02.2026.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioners on bail. The above named

                      petitioners are directed to be released on bail in connection with

                      Bhabhua Excise P.S. Case No. 76 of 2026 on furnishing bail

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

                      like amount each to the satisfaction of learned Exclusive Special

                      Judge (Excise)-I, Kaimur at Bhabhua.



                                            (Ashok Kumar Pandey, J)
Shubham/-
U


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