Patna High Court
Jitendra RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Jitendra Rai was arrested in connection with the recovery of 170 litres of foreign liquor near a river bank and charged under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution’s case relied on the liquor seizure, while the petitioner claimed innocence, noting that no incriminating material was found in his possession and his name surfaced only through a chowkidar’s disclosure. He had been in custody since 7 December 2025 and possessed one prior criminal antecedent, and the State failed to comply with Section 103 of the BNSS, 2023. The State opposed bail, but the Court, considering the lack of direct evidence, the open location of the seizure, the duration of custody, and the statutory non‑compliance, granted bail. The petitioner was ordered to be released on a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of incriminating material and non‑compliance with Section 103 of the BNSS, 2023.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- Section 30(a)
- Section 103
- Bihar Prohibition and Excise Act
- BNSS 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2442 of 2026
Arising Out of PS. Case No.-453 Year-2025 Thana- DIGHWARA District- Saran
======================================================
Jitendra Rai S/o Madan Rai R/o Village - Habaspur Phutani Bazar, P.S -
Shahpur, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vasant Vikas, Adv.
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Dighwara
PS Case No. 453 of 2025 instituted for the offences under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 170 liters of
foreign liquor was recovered from near river bank.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The name of the
petitioner transpired in this case on the disclosure made by the
mahal chowkidar. Learned counsel for the petitioner submits
Patna High Court CR. MISC. No.2442 of 2026(2) dt.19-01-2026
2/2
that the recovery has been made near the bank of river which is
an open place accessible to one and all. The petitioner is in
custody since 07.12.2025 and has got one criminal antecedent.
There is no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioner,
this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail
bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Dighwara PS Case No. 453 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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