Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- BNS — s. 111
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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