Jitendra VernawalversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31277 of 2026
                       Arising Out of PS. Case No.-495 Year-2026 Thana- Excise P.S. District- Jamui
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                 Jitendra Vernawal S/o- Raj KIshor Vernawal @ Rajkishor Prasad Barnwal
                 Village- Lakhan Kiyari PS-Sono District- Jamui

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Niranjan Parihar, Advocate
                 For the Opposite Party/s :        Mr. Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-05-2026                     Heard Mr. Niranjan Parihar, learned counsel for the

                   petitioner and Mr. Syed Mojibur Rahman, learned APP for the

                   State.

                                2. Petitioner seeks bail, who is in custody since

                   21.03.2026, in connection with JAM P.S. Case No. 495 of 2026,

                   F.I.R. dated 20.03.2026 registered for the offences punishable

                   under Sections 30(a) and 32(3) of the Bihar Prohibition &

                   Excise Act.

                                3. Recovery is of 200.00 litres of illegal spirit.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case.                 He further submits that it

                   appears from the F.I.R. as well as seizure list that nothing has

                   been recovered from the conscious possession of the petitioner
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          rather recovery has been made from the tempo in question and

          altogether 200.00 lires of illegal spirit was recovered from the

          tempo in question and the petitioner is not the owner of the

          tempo in question. It appears from the seizure list that the

          seizure list witnesses are police personnel and the petitioner is in

          custody since 21.03.2026.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for               bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and

          nothing has been recovered from the conscious possession of

          the petitioner, let the petitioner, above named, be released on

          bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned Exclusive Excise Court No. 02nd, Jamui

          in connection with JAM P.S. Case No. 495 of 2026, subject to

          the following conditions :-

                        (1) 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
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                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) 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

                         criminal antecedents, 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)
Ibrar//-

U          T