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Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Jitendra Kumar, was arrested after 60 litres of illicit country-made liquor were recovered from his hutment in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. The prosecution alleged that the liquor was seized and the petitioner was seen fleeing, leading to his apprehension. The petitioner argued that nothing was recovered from his possession, that the seizure was not made in compliance with Section 105 of the BNSS, and that he has no prior criminal record and has been in judicial custody since 3 March 2026. The State opposed bail, contending the seriousness of the offence. After hearing both sides, the court found the lack of criminal antecedent and procedural irregularities sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail can be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
  • Whether the seizure of the liquor complied with the procedural requirements of Section 105 of the BNSS, affecting the bail application.
  • Whether the petitioner’s lack of prior criminal record and the period of custody justify the grant of bail.

Legislation cited

Subjects

  • bail
  • illegal liquor
  • prohibition law
  • excise
  • seizure procedure
  • Section 30
  • Section 105
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37099 of 2026
                         Arising Out of PS. Case No.-198 Year-2026 Thana- MANER District- Patna
                 ======================================================
                 Jitendra Kumar S/o Shardanand Rai Alias Shradhanand Rai R/o Village -
                 Goraiya Sthan, P.S. - Maner, Distt. - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :        Mr. Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Maner P.S. Case No.198 of 2026 registered for the offence

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise (Amendment) Act.

                                3. The case of the prosecution, in short, is that

                   altogether 60 litres of illicit country made chulaai liquor was

                   recovered from the hutment of the petitioner. The petitioner was

                   seen fleeing from that place and was apprehended.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that nothing has been recovered from

                   the possession of the petitioner. It has been submitted that the

                   witnesses of the seizure list are police personnel and police have
            Patna High Court CR. MISC. No.37099 of 2026(2) dt.18-06-2026
                                                        2/2




                      not complied Section 105 of the BNSS while making seizure. It

                      has been submitted that the petitioner is having no criminal

                      antecedent and he is in judicial custody since 03.03.2026.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the court of learned

                      Special Excise Judge, Danapur, District-Patna in connection

                      with Maner P.S. Case No. 198 of 2026.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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