Patna High Court
Jitendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to specified conditions.
Summary
Jitendra Singh was arrested on 2 February 2026 in connection with a case involving the seizure of 9,070.315 litres of illicit liquor from a truck, alleged to be in violation of Sections 30(a) and 41(1) of the Bihar Prohibition & Excise Act. The petitioner argued that he had no conscious possession of the liquor, was not the owner of the truck, and that the police had not complied with Sections 103 and 105 of the BNSS, 2023, while also emphasizing his clean antecedents. The State opposed bail. The High Court, after considering the lack of direct possession, the alleged procedural lapses, and the petitioner's clean record, granted bail on a Rs.10,000 bond with two sureties and imposed several conditions, including cooperation with the trial and verification of antecedents. The order also stipulated cancellation of bail for non‑appearance, tampering with evidence, or concealment of criminal history. The bail bond was to be accepted without delay for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner despite the seizure of a large quantity of illicit liquor.
- Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS, 2023, by the police warrants bail.
- Whether the fact that the seized liquor was not in the petitioner's conscious possession or ownership affects the bail decision.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a), 41(1)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- illicit liquor
- Bihar Prohibition & Excise Act
- seizure
- non‑possession
- clean antecedent
- BNSS 2023
- procedural compliance
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33505 of 2026
Arising Out of PS. Case No.-109 Year-2026 Thana- BIHTA District- Patna
======================================================
Jitendra Singh S/O Lakshman Singh @ Laxman Singh Resident of Village -
Bhakhasar, P.S- Bhakhasar, Dist.- Badmer (Rajasthan)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Opposite Party/s : Mrs. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 14-05-2026 Heard Mr. Anish Kumar, learned counsel for the
petitioner and Mrs. Pushpa Sinha, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
02.02.2026, in connection with Bihta P.S. Case No. 109 of 2026,
corresponding to Special Excise Case No. 234 of 2026 F.I.R.
dated 01.02.2026 registered for the offences punishable under
Sections 30(a) and 41(1) of the Bihar Prohibition & Excise Act.
3. Recovery is of 9070.315 litres of illicit liquor.
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
rather recovery has been made from the truck in question and
Patna High Court CR. MISC. No.33505 of 2026(2) dt.14-05-2026
2/3
the petitioner is not the owner of the truck in question. It
appears from the seizure list that the seizure list witnesses are
police personnel so there is non-compliance of Sections 103 and
105 of BNSS, 2023 and the police after investigation submitted
chargesheet against the petitioner and the petitioner is in
custody since 02.02.2026.
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 antecedents and
nothing has been recovered from the conscious possession of
the petitioner and there is non-compliance of Sections 103 and
105 of the BNSS, 2023, 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 Special Excise Judge, Danapur, Patna,
in connection with Bihta P.S. Case No. 109 of 2026,
corresponding to Special Excise Case No. 234 of 2026 subject
to the following conditions :-
(1) One of the bailors should be the close relative of
the petitioner.
Patna High Court CR. MISC. No.33505 of 2026(2) dt.14-05-2026
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(2) 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.
(3) 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.
(4) 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//-
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