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Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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