Patna High Court
Tantan Jha @ Nitish Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner is entitled to pre‑arrest bail, subject to a bond, sureties, and conditions under Section 482(2) of the BNSS.
Summary
The petitioner sought pre‑arrest bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 45 litres of illicit liquor near a temple in Kaushala village. The petitioner claimed innocence, a clean antecedent, and argued that the open‑space location made the recovery accessible to anyone. The State opposed the bail, contending the seriousness of the offence. The court, after reviewing the FIR and the circumstances of the recovery, found a prima facie case for bail and directed release on pre‑arrest bail upon furnishing a Rs.10,000 bond with two sureties, subject to Section 482(2) of the BNSS and verification of criminal antecedents. The order also stipulated that the bail would be vacated if the petitioner is found involved in other cases.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the open‑space recovery of illicit liquor near a temple justifies granting bail.
- Whether bail can be conditioned under Section 482(2) of the BNSS pending verification of criminal antecedent.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43730 of 2026
Arising Out of PS. Case No.-70 Year-2026 Thana- NARDIGANJ District- Nawada
======================================================
Tantan Jha @ Nitish Kumar Jha S/O Raju Jha @ Rajkumar Jha R/vill-
Kaushala, P.S.- Nardiganj, Distt-Nawada, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Jiban Pd Singh, Advocate
For the Opposite Party/s : Mr.Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 08-07-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Nardiganj P.S. Case No. 70/2026 registered for the
offence(s) punishable under Sections 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the allegation made in the FIR, 45 litres of
illicit liquor was recovered near a temple in village Kaushala.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. He further submitted that
recovery of illicit liquor has been made near a temple, which is
an open space and is easily accessible by anyone. Petitioner has
no concern either with the place of recovery or with the alleged
Patna High Court CR. MISC. No.43730 of 2026(2) dt.08-07-2026
2/3
recovered liquor. Petitioner has clean antecedent.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR and the fact that recovery of illicit liquor has
been made near a temple, which is an open space and easily
accessible by anyone, I am of the opinion that petitioner has,
prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Concerned Court where the case is
pending in connection with Nardiganj P.S. Case No. 70/2026,
subject to the conditions as laid down under Section 482(2) of
the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
Patna High Court CR. MISC. No.43730 of 2026(2) dt.08-07-2026
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automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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