Patna High Court

Jitendra Kumar @ Bandarwa @ Amarnath YadavversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Jitendra Kumar, was arrested in connection with a case involving the seizure of 72 litres of Nepali liquor, alleged to violate Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating that no incriminating material was found in his possession and that the liquor was recovered from an open public place. He also highlighted his lack of prior criminal record and the alleged non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the Court, after considering the circumstances and the period of custody, decided to grant bail. The bail was set at a bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to the petitioner under the circumstances of the case
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail application
Whether the nature of the alleged offences under Sections 274, 275 of the Bharatiya Nyaya Sanhita and the Bihar Prohibition and Excise Act warrants denial of bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Bharatiya Nyaya Sanhita, 2023 — s. 274, 275

Subjects

bail
criminal procedure
sections 274
sections 275
Bihar Prohibition and Excise Act
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2475 of 2026
                  Arising Out of PS. Case No.-185 Year-2025 Thana- GHOGHARDIHA District- Madhubani
                 ======================================================
                 Jitendra Kumar @ Bandarwa @ Amarnath Yadav Son of Mahendra Yadav @
                 Mahendra Prasad Yadav R/o Village - Kishnipatti, P.S - Ghoghardiha, District
                 - Madhubani, Bihar.
                                                                              ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr.Braj Kishore Pd.(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

                   Ghoghardiha P.S. Case No. 185 of 2025, instituted for the

                   offences punishable under Sections 274 and 275 of the

                   Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 72 liters

                   of Nepali liquor was recovered from sac.

                                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 petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel
           Patna High Court CR. MISC. No.2475 of 2026(2) dt.19-01-2026
                                                       2/2




                     for the petitioner further submitted that the recovery has been

                     made from open place, which is accessible to public at large.

                     The petitioner is in custody since 16.12.2025 and has got no

                     criminal antecedent. There is no compliance of Section 103 of

                     the Bharatiya Nagarik Suraksha Sanhita, 2023.

                                  5. Learned APP 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/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Ghoghardiha P.S.

                     Case No. 185 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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