Patna High Court

Jitu BaithaversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner subject to specified conditions.

Summary

The petitioner, Jitu Baitha, was arrested in connection with the recovery of 135 litres of liquor from a motorcycle and charged under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, had no possession of the liquor, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application, citing the seriousness of the offence and the petitioner’s five prior criminal antecedents. The Court, after considering the facts, the period of custody, and the statutory requirements, decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and the petitioner’s mandatory appearance at every trial date, with cancellation possible upon default.

Issues considered

What is the applicability of Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act in granting bail?
Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 warrants denial of bail?
Whether the petitioner’s prior criminal antecedents preclude the grant of bail?

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
Bharatiya Nyaya Sanhita, 2023 — s. 317(5)

Subjects

bail
criminal procedure
liquor seizure
prohibition act
false implication
surety
Section 317
Section 30
Section 103
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6526 of 2026
                        Arising Out of PS. Case No.-101 Year-2025 Thana- Bhittha District- Sitamarhi
                 ======================================================
                 Jitu Baitha S/O Dinesh Baitha Resident of Village- Sursand, P.S- Sursand,
                 Distt.- Sitamarhi.



                                                                                       ... ... Petitioner/s
                                                          Versus

                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Dwij Raj, Advocate
                 For the Opposite Party/s :         Mr. Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   02-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Bhittha

                   P.S. Case No. 101 of 2025 instituted for the offences punishable

                   under Sections 317(5) of the Bharatiya Nyaya Sanhita, 2023

                   and 30(a) of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 135 litres

                   of liquor was recovered from motorcycle.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No
Patna High Court CR. MISC. No.6526 of 2026(2) dt.02-02-2026
                                             2/3




          incriminating article has been recovered from the conscious

          possession of the petitioner. Learned counsel further submitted

          that petitioner is in no manner connected with the vehicle in

          question or the alleged recovery of liquor. The petitioner is in

          custody since 20.12.2025 and has five criminal antecedents.

          There is no compliance of Section 103 of the Bharatiya

          Nagarika Suraksha Sanhita, 2023.

                     5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                     6. Considering the aforesaid facts and circumstances of

          the case as also the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                        7. Let the petitioner be released on bail, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of

          the    like     amount      each      to   the      satisfaction   of   Court

          below/concerned Court in connection with Bhittha P.S. Case

          No. 101 of 2025, subject to the following conditions:

                        (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                        (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.6526 of 2026(2) dt.02-02-2026
                                                       3/3




                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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