Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- BNSS — s. 105
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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