Patna High Court
Vijay Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and conditions, finding procedural lapses and lack of personal possession sufficient to justify release.
Summary
Vijay Kumar Jha was arrested on 6 February 2026 in connection with a case involving the alleged illegal possession of 450 litres of Sourav Safi Nepali liquor, alleged under Sections 274, 275, 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that the liquor was recovered from the vehicle, not from his personal possession, that he has a clean criminal record, and that the police failed to comply with procedural requirements of Sections 103 and 105 of the BNSS. The State opposed bail. The Court, noting the lack of incriminating possession, the procedural lapses, and the petitioner's clean antecedent, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties and imposed standard conditions for cooperation and non‑tampering. The bail order also directed verification of the petitioner's antecedent without delaying the release.
Issues considered
- Whether bail should be granted despite the seriousness of the offences under the BNSS and the Bihar Prohibition and Excise Act.
- Whether non‑compliance of Sections 103/105 of the BNSS warrants the grant of bail.
- Whether the fact that the seized liquor was not found in the petitioner's personal possession affects the bail decision.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103, 105, 274, 275, 3(5)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- procedural compliance
- liquor seizure
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
- criminal antecedent
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24444 of 2026
Arising Out of PS. Case No.-17 Year-2026 Thana- BHAIRAVSHTHAN District- Madhubani
======================================================
Vijay Kumar Jha S/O Radhe Shyam Jha R/O Village - Sugauna , p.s-
Rajnagar , District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-04-2026 Heard Mr. Gagan Deo Yadav, learned counsel for the
petitioner and Ms. Meena Singh, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
06.02.2026 in connection with Bhairavsthan P.S. Case No. 17 of
2026, F.I.R. dated 06.02.2026 for the offences punishable under
Sections 274, 275, 3(5) of the B.N.S. and u/s 30(a) of the Bihar
Prohibition and Excise Act.
3. The recovery is of 450 litres of Sourav Safi Nepali
liquor from the vehicle in question.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. It appears from the FIR that
nothing incriminating article has been recovered from the
conscious possession of this petitioner rather the alleged
Patna High Court CR. MISC. No.24444 of 2026(2) dt.15-04-2026
2/3
recovery has been made from the vehicle in question.
Altogether, 450 litres of Sourav Safi Nepali liquor from the
vehicle in question. Learned counsel further submits that there is
non compliance of section 103/105 of the BNSS, 2023 and the
Seizure list witnesses are the Police personnel and the petitioner
is in custody since 06.02.2026.
5. Learned APP for the State on the other hand
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent of the petitioner and there is non-
compliance of section 103/105 of BNSS, 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 the learned Exclusive Special Judge,
Excise, Jhanjharpur, in connection with Bhairavsthan P.S. Case
No. 17 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 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
Patna High Court CR. MISC. No.24444 of 2026(2) dt.15-04-2026
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witnesses, in that case, the prosecution will be at liberty to move
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)
Ranjeet/-
U T
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