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Patna High Court

Vijay Kumar JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                      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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