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Patna High Court

Jitu DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to the stipulated conditions.

Summary

The petitioner, Jitu Das, applied for anticipatory bail in a case involving the alleged possession of 330 litres of illicit liquor under section 30(a) of the Bihar Prohibition & Excise Act. He claimed innocence, stating that he was implicated solely on the basis of a co‑accused’s statement, and offered to donate Rs.25,000 to charity without admitting guilt. The State opposed the bail. The High Court, after considering the facts and submissions, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties, a mandatory donation of Rs.25,000 to a charitable trust, and regular attendance at the police station. The order was made under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the B.N.S.S., and it was clarified that the order pertains only to the bail application and does not prejudice the trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in connection with an offence under section 30(a) of the Bihar Prohibition & Excise Act.
  • Whether the conditions imposed, including a monetary donation and periodic police‑station attendance, are permissible under law.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition & Excise Act
  • section 30(a)
  • Section 438 CrPC
  • Section 482 B.N.S.S.
  • illicit liquor
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.28160 of 2026
                     Arising Out of PS. Case No.-157 Year-2025 Thana- PUNAURA District- Sitamarhi
                 ======================================================
                 Jitu Das S/O Mahesh Das R/O village- Bhagwanpur Piprahi @ Bhagawanpur
                 Piparadhi @ Bhagwanpur Piprarhi, P.S.- Riga, Dist.- Sitamarhi

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :         Mr. Santosh Kumar, Advocate
                 For the Opposite Party :         Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-05-2026                    Heard learned counsel for the petitioner and

                   learned APP for the State.

                                  2.        The petitioner seeks anticipatory bail in

                   connection with Punaura P.S. Case No.157 of 2025 registered

                   for the offence under section 30(a) of the Bihar Prohibition &

                   Excise Act.

                                  3.        There is recovery of about 330 liters of illicit

                   liquor buried under the ground.

                                  4.        Learned counsel for the petitioner submits

                   that the petitioner is innocent and has falsely been implicated in

                   this case. He further submits that on the basis of the statement of

                   co-accused, the petitioner has been made accused in this case.

                                  5.        Learned counsel for the petitioner also

                   submits that the petitioner is ready to donate Rs.25,000/- in
Patna High Court CR. MISC. No.28160 of 2026(2) dt.07-05-2026
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          some charitable organization without accepting his guilt.

                          6.      Learned APP appearing for the State opposes

          the prayer for bail of the petitioner.

                          7.      Considering the facts and circumstances of

          the case and also the submissions of learned counsel for the

          petitioner, this application is allowed.

                          8.      Let the petitioner, above named, in the event

          of his arrest/surrender within six weeks from today in the Court

          below, 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 concerned Court below, in

          connection with Punaura P.S. Case No.157 of 2025, subject to

          the conditions laid down in Section 438(2) of the Code of

          Criminal Procedure, 1973 / Section 482 of the B.N.S.S.

                          9.      This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Mission Sevaasharma, Swami Vivekanand Path,

          Bela, Muzaffarpur, Bihar and produce the receipt of the same

          before the Court below at the time of furnishing bail bonds. The

          bail bonds of the petitioner shall be accepted after verifying the

          genuineness of the receipt produced by him.

                          10.     As a condition of this order, the petitioner,
          Patna High Court CR. MISC. No.28160 of 2026(2) dt.07-05-2026
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                    shall mark his attendance at Riga Police Station, District -

                    Sitamarhi on first and third Sunday of each month. Any default

                    in appearance at the police station will result in cancellation of

                    bail bonds of the petitioner.

                                    11.     It is, however, clarified that the observations

                    made herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                       (Sandeep Kumar, J)

pawan/-

U     T


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