Patna High Court
Jitendra Ram @ Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Jitendra Ram, was arrested in connection with a case alleging possession of 200 litres of country-made liquor recovered from a motorcycle, invoking Sections 41 and 30(a) of the Bihar Prohibition and Excise Act. He contended that he was merely a passerby, not the owner of the vehicle, and that no incriminating material was found in his conscious possession, asserting his innocence. The prosecution opposed bail, while the petitioner highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and his prolonged custody since September 2025. The court examined the circumstances, including the petitioner’s claim of being a victim of circumstance and the absence of direct evidence linking him to the liquor. Considering the facts and the period of detention, the court decided to grant bail. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail for offences under Sections 41 and 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- liquor seizure
- Section 103
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3067 of 2026
Arising Out of PS. Case No.-392 Year-2025 Thana- TURKAULIYA District- East
Champaran
======================================================
Jitendra Ram @ Jitendra Kumar Son of Ganesh Ram Resident of village -
Jaysinghpur Gharbari, P.S.- Turkauliya, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anuj Kumar, Advocate
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, A.P.P.
======================================================
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
Turkauliya P.S. Case No. 392 of 2025, instituted for the offences
punishable under Sections 41 and 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that 200 liters of
country made liquor was recovered from motorcycle.
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. The petitioner is
Patna High Court CR. MISC. No.3067 of 2026(2) dt.19-01-2026
2/2
not the owner of the vehicle rather he was passersby of the way
and has become victim of circumstances. The name of the
petitioner has been disclosed by the local Chowkidar. The
petitioner is in custody since 29.09.2025 and has got one
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 Turkauliya P.S. Case
No. 392 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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