Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner on the condition of furnishing a bond and sureties.
Summary
The petitioner, Jitendra Kumar, was arrested in connection with the alleged recovery of 182.250 liters of liquor from a cattle shed on his premises, under Section 30(a) of the Bihar Excise Act. He applied for bail, asserting a clean antecedent, that the liquor was not found in his conscious possession, and that the shed is a communal area accessible to villagers, making it unlikely he would use his own premises to commit the offence. The State opposed the bail. The court considered the petitioner’s lack of direct possession, the communal nature of the shed, and his custody since 19‑11‑2025, and found no compelling reason to deny bail. Consequently, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount. The case will continue in the trial court.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Excise Act given the circumstances of alleged liquor recovery.
Subjects
- bail
- excise law
- liquor seizure
- criminal procedure
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.411 of 2026
Arising Out of PS. Case No.-152 Year-2025 Thana- HASANPUR District- Samastipur
======================================================
Jitendra Kumar Son of Murli Yadav Resident of Village -Sasan, Tole Kasiya
PS -Hasanpur, Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarbottam Kumar Sarkar, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 182.250 liters of liquor from cattle shed of the
petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and cattle shed is a
place outside the house and is accessible to villagers at large and
it appears that someone without the knowledge of the family
Patna High Court CR. MISC. No.411 of 2026(2) dt.30-01-2026
2/2
concealed the liquor. It is next submitted that no prudent person
would use his own premises for committing an occurrence and
thus would create evidence against himself and hence would get
implicated. It is next submitted that petitioner is in custody since
19.11.2025.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Hasanpur
P.S. Case No. 152 of 2025.
(Satyavrat Verma, J)
Rishabh/-
U T
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