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Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail upon furnishing the prescribed bond and sureties.

Summary

The petitioner, Jitendra Kumar, was charged under Section 111 of the BNS read with Sections 30(a) and 41(1) of the Bihar Excise Act for alleged recovery of 105 litres of liquor from two motorcycles. He argued that the liquor was seized from the motorcycles, not from his personal possession, and that he was unaware of his friend's alleged misuse of the vehicle. The State opposed bail, citing the petitioner’s prior criminal history. The court considered the lack of direct possession, the petitioner’s cooperation, and the risk of absconding. It concluded that bail could be granted with appropriate bond and sureties. Accordingly, the petitioner was ordered to be released on bail upon furnishing a Rs. 5,000 bond and two sureties of the same amount.

Issues considered

  • Whether the petitioner is entitled to bail despite alleged involvement in an excise offence.
  • Whether the petitioner’s ownership of the vehicle implicates him in the alleged offence.
  • Whether the petitioner poses a flight risk or threat to the investigation.

Legislation cited

Subjects

  • bail
  • excise offence
  • possession
  • vehicle ownership
  • criminal procedure
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24480 of 2026
                       Arising Out of PS. Case No.-430 Year-2025 Thana- BALIYA District- Begusarai
                 ======================================================
                 Jitendra Kumar S/O Pramod Yadav R/O Village- Danauli, P.S- Ballia,
                 District- Begusarai, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Akash Kumar Mishra
                 For the Opposite Party/s :        Mr. Sanjay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Section 111 of the BNS read with

                   Section 30(a) and 41(1) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases out of which one case is

                   under the Excise Act and allegation is of recovery of 105 liters

                   of liquor from two motorcycles and some other articles were

                   also seized as detailed in the FIR.

                                4. Learned      counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of one of the
            Patna High Court CR. MISC. No.24480 of 2026(2) dt.18-04-2026
                                                        2/2




                      seized motorcycles. It is next submitted that no prudent person

                      would use his own vehicle for committing an occurrence and

                      thus would create evidence against himself and hence would get

                      implicated, it is further submitted that petitioner was completely

                      unaware that his friend would misuse the vehicle in the manner

                      as alleged who also fled from the spot. It is also submitted that

                      petitioner is in custody since 13.03.2026 and if privilege of bail

                      is granted, the petitioner will not abscond rather will cooperate

                      in the trial to prove his innocence.

                                   5. Learned A.P.P. for the State opposes the bail

                      application of the petitioner.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioner, the petitioner above-named, is

                      directed to be released on bail on furnishing bail bonds of Rs.

                      5000/- (Rupees Five Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned Trial Court where

                      the case is pending/successor court in connection with Balia P.S.

                      Case No. 430 of 2025.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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