Patna High Court
Jitendra Kumar @ Jitu @ JitoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to a cash bond, sureties and specified conditions.
Summary
The petitioner, Jitendra Kumar, was arrested on 1 March 2026 for allegedly transporting 15 litres of illegal country liquor and for being in a drunken state, with a breathalyzer reading of BAC 139 mg/100 ml. The prosecution alleged that the seizure was made by police officers who, according to the petitioner’s counsel, failed to comply with the mandatory provisions of Sections 103 and 105 of the Bihar Narcotic Substances (Suppression) Act, 2023. The petitioner also highlighted that he has five prior cases pending, all of which he is already out on bail. The State opposed bail, citing the seriousness of the offences under Sections 30(a) and 37 of the Bihar Prohibition and Excise Amendment Act, 2022, and the petitioner’s criminal antecedent. The Court considered the facts, the procedural issues, and the petitioner’s bail status in other matters, and decided to grant bail on a bond of Rs.10,000 with two sureties and several conditions. The order also directed that any tampering with evidence or concealment of antecedents would lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the petitioner despite alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Subjects
- bail
- illegal liquor
- excise law
- intoxication
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30541 of 2026
Arising Out of PS. Case No.-128 Year-2026 Thana- Excise P.S. District- Lakhisarai
======================================================
Jitendra Kumar @ Jitu @ Jito S/o Indradeo Yadav R/o Village - Brindavan,
P.S - Kiul, District - Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mayank Bilochan
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
01.03.2026 in connection with Lakhisarai Excise P.S. Case No.
128 C2 of 2026 for the offences punishable under Sections 30(a)
and 37 of Bihar Prohibition and Excise Amendment Act, 2022.
3. The case of the prosecution, in brief, is that
informant Shanta Kumar (SI) has submitted a written report to
the SHO Excise P.S. Lakhisarai, stating therein is that
01.03.2026, in view of Holi festival to take action against illegal
liquor informant with other police personals were on patrolling
duty near at Kiul Station, during this he received a secret
information that one person is coming from Kiul river by
carrying illegal liquor and going toward Vrindavan. On this
Patna High Court CR. MISC. No.30541 of 2026(2) dt.05-05-2026
2/4
informant along with other police personals were reached at
village Goddi near at the bank of Kiul river and ambushed,
meanwhile have seen that one person is coming from Kiul river
carrying a bag, on seeing police party he thrown away the bag
and tried to fled away but caught on chase, on query he
disclosed his name and addresses. Thereafter search was made
and recovered 15 liter of country liquor from the said bag.
Further accused/petitioner was being examined by breath
analyzer test machine and reading was found
BAC=139mg/100ml. Accordingly seizure list was being
prepared, signed and supplied to the accused/petitioner.
4. Learned counsel for the petitioner submits that it
appears from the FIR and seizure list that altogether 15 liters of
country-made liquor was recovered from the conscious
possession of the petitioner and petitioner was found in drunken
condition. It is next submitted that from perusal of the seizure
list it appears that the seizure list witnesses are police personnel
so there is non-compliance of mandatory provisions of Sections
103 and 105 of BNSS, 2023 and petitioner is in custody since
01.03.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner and
Patna High Court CR. MISC. No.30541 of 2026(2) dt.05-05-2026
3/4
submits that petitioner has antecedent of five cases other than
the present case but fairly submits that petitioner is on bail in all
the pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, 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 learned Court of
District and Additional Sessions Judge-VII-cum-Exclusive
Special Excise Court-II, Lakhisarai in connection with
Lakhisarai Excise P.S. Case No. 128 C2 of 2026, subject to the
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
Patna High Court CR. MISC. No.30541 of 2026(2) dt.05-05-2026
4/4
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
Checking your session…