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Patna High Court

Jalandhar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond of Rs.10,000 and specified conditions.

Summary

Jalandhar Kumar was arrested on 28 February 2026 in connection with a case involving the seizure of 80.700 litres of foreign liquor from a vehicle owned by Jitendra Giri. He was charged under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act, 2018. The petitioner claimed innocence, arguing that the liquor was not found in his possession and that procedural requirements under Sections 103 and 105 of the BNSS were not complied with. The prosecution opposed bail, citing two prior criminal antecedents, though noting the petitioner was already on bail for those matters. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence in court, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite the seizure of foreign liquor and alleged offences under the Bihar Prohibition and Excise Act, 2018.
  • Whether non‑compliance of Sections 103 and 105 of the BNSS warrants denial of bail.
  • Whether the petitioner’s prior criminal antecedents affect the grant of bail.

Legislation cited

Subjects

  • bail
  • excise
  • foreign liquor
  • seizure
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • BNSS
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32660 of 2026
                     Arising Out of PS. Case No.-183 Year-2026 Thana- Excise P.S. District- Gopalganj
                 ======================================================
                 Jalandhar Kumar S/o Late Rambilas Sahni R/o Village - Jhapa, P.S. -
                 Ahiyapur, Dist. - Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Nitu Kumari, Advocate
                 For the Opposite Party/s :        Mr. Yogendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   13-05-2026                        Heard Ms. Nitu Kumari, learned counsel for the

                   petitioner and Mr. Yogendra Kumar Singh, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   28.02.2026 in connection with Gopalganj P.S. Case No. 183 of

                   2026, F.I.R. dated 27.02.2026 for the offences punishable under

                   Section 30(a), 32 of the Bihar Prohibition and Excise Act, 2018.

                               3. Recovery is of 80.700 liters of foreign liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been 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 rather the recovery has

                   been made from the vehicle in question and petitioner is not the
Patna High Court CR. MISC. No.32660 of 2026(2) dt.13-05-2026
                                            2/3




          owner of the said vehicle in question and one Jitendra Giri is the

          owner of the seized vehicle. He further submits that there is

          non-compliance of Section 103 and 105 of BNSS and the

          petitioner is in custody since 28.02.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner carries two criminal antecedents other

          than the present one of similar nature but fairly submits on the

          basis of paragraph-3 of the bail application that the petitioner is

          on bail in the said 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 Exclusive

          Special Judge Excise Court-II, Gopalganj in connection with

          Gopalganj P.S. Case No. 183 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.
            Patna High Court CR. MISC. No.32660 of 2026(2) dt.13-05-2026
                                                        3/3




                                    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

                      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)
Suruchi/-

U      T


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