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Patna High Court

Jitendra SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                           3/3




                                      (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//-

U          T


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