Patna High Court
Jitu DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition & Excise Act — s. 30(a)
- B.N.S.S. — s. 482
- Criminal Procedure Code — s. 438(2)
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
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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,
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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/-
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