Patna High Court
Jalandhar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 32
- BNSS — s. 103, 105
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
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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
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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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