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Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Jitendra Kumar, was arrested in connection with the recovery of 198 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, asserting his innocence, a clean antecedent, and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail application. The High Court, after considering the submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs. 10,000 with two sureties, deposit Rs. 25,000 with the Ramakrishna Mission, and verify his antecedent. Additional conditions included weekly attendance at the police station and cancellation of bail upon default. The order was limited to the bail application and did not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act for possession of illicit liquor.
  • Whether the petitioner’s claim of innocence, clean antecedent, and willingness to make a charitable donation justify the grant of bail.
  • Whether the conditions imposed by the Court are appropriate and sufficient to ensure the petitioner’s compliance.

Legislation cited

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • conditions of bail
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29378 of 2026
                     Arising Out of PS. Case No.-82 Year-2026 Thana- MAJORGANJ District- Sitamarhi
                 ======================================================
                 Jitendra Kumar S/o Jaykaran Mahto R/o Village - Basantpatti, P.S. -
                 Purnahiya, Dist. - Sheohar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Ashutosh Kumar Mishra, Advocate
                 For the State           :        Mr.Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   11-05-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with

                   Majorganj P.S. Case No. 82 of 2026 registered for the offence

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                 3. As per the prosecution case, there is recovery of

                   198 litres of illicit liquor.

                                 4. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has falsely been

                   implicated in this case. The petitioner is in custody since

                   02.03.2026 and claims clean antecedent.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable
Patna High Court CR. MISC. No.29378 of 2026(2) dt.11-05-2026
                                            2/3




          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 submissions of learned counsel for the petitioner, let the

          petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned Exclusive

          Excise Court No. 1, Sitamarhi/concerned Court below in

          connection with Majorganj P.S. Case No. 82 of 2026.

                       8. This is also subject to the condition that the

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

          Ramakrishna Mission Sevashrama, Swami Vivekananda Path,

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

          before the Court below. The bail bonds of the petitioner shall be

          accepted after verifying the genuineness of the receipt produced

          by the petitioner.

                       9. As the petitioner claims to have clean antecedent,

          the Court below, before accepting the bail bonds of the

          petitioner is directed to verify the antecedent of the petitioner. If

          the petitioner is found to be involved in any other case then the

          bail bonds of the petitioner shall not be accepted.
           Patna High Court CR. MISC. No.29378 of 2026(2) dt.11-05-2026
                                                       3/3




                                  10. As a condition of this order, the petitioner after

                     being released on bail is directed to mark his attendance at

                     Purnahiya Police Station, District- Sheohar, Bihar on every

                     Sunday of the 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 express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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