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Patna High Court

Jitendra Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner with conditions, finding that the circumstances warranted release.

Summary

The petitioner, Jitendra Kumar Sah, was arrested for possession of 21 litres of illicit country-made liquor under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. He applied for regular bail, claiming innocence, no prior criminal record, and having been in custody since 17 May 2026. The State opposed the bail. The High Court, after considering the facts and the petitioner's clean antecedent, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, deposit Rs.25,000 with Ramkrishna Mission, and attend the police station on the first and third Sundays of each month, with bail subject to verification of his antecedent and compliance with conditions. The order also stipulated cancellation of bail for any default in appearance. The bail was thus granted with specific conditions.

Issues considered

  • What is the appropriate exercise of discretion by the court in granting regular bail for an offence under Section 30(a) of the Bihar Prohibition & Excise Act, 2016?
  • Whether the petitioner’s clean antecedent and willingness to make a charitable donation justify the grant of bail?

Legislation cited

Subjects

  • bail
  • regular bail
  • Bihar Prohibition & Excise Act
  • illicit liquor
  • Section 30(a)
  • clean antecedent
  • charitable donation
  • court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40672 of 2026
                      Arising Out of PS. Case No.-135 Year-2026 Thana- SAHAJITPUR District- Saran
                 ======================================================
                 Jitendra Kumar Sah S/o Late Shivbalak Sah R/o Village Ramadhanav P.S.
                 Baniyapur District -Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Avinash Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr.Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   24-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in a case registered

                   for the offence under section 30(a) of the Bihar Prohibition &

                   Excise Act, 2016.

                                3. The recovery is of 21 litres of illicit country-made

                   liquor from a vehicle.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has no criminal antecedent. He further

                   submits that the petitioner is in custody since 17.05.2026

                   without any fault.

                                5. Learned counsel for the petitioner also submits that

                   the petitioner is ready to donate Rs.25,000/- in some charitable

                   organization without accepting his guilt.
Patna High Court CR. MISC. No.40672 of 2026(2) dt.24-06-2026
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                        6. Learned APP appearing for the State opposes the

          prayer of the petitioner for grant of bail.

                       7. Considering the facts and circumstances of the case

          as well as the submissions of learned counsel for the petitioner,

          this application is allowed.

                       8. Let the petitioner, above named, be released on bail

          upon furnishing bail bonds of Rs.10,000/- (Rupees Ten

          Thousand Only) with two sureties of the like amount each to the

          satisfaction of learned 2nd Exclusive Special Excise Judge, Saran

          at Chapra/ concerned Court below, in connection with

          Sahajitpur P.S. Case No. 135 of 2026.

                       9. At the time of accepting the bail bonds of the

          petitioner, the Court below shall verify the statement of the

          petitioner that he has clean antecedent. The bail bonds of the

          petitioner shall only be accepted if it is found that he has clean

          antecedent.

                       10. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramkrishna Mission Ashrama, Latu Maharaj Path, Opp. Circuit

          House, Chapra and produce the receipt of the same before the

          Court below. The bail bonds of the petitioner shall be accepted

          after verifying the genuineness of the receipt produced by the
              Patna High Court CR. MISC. No.40672 of 2026(2) dt.24-06-2026
                                                          3/3




                        petitioner.

                                      11. As a condition of this order, the petitioner after

                        being released on bail, is directed to mark his attendance at

                        Baniyapur Police Station, District- Saran at Chapra on first and

                        third Sunday of the month. Any default in appearance at the

                        Police Station will result in cancellation of bail bonds of the

                        petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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