Patna High Court
Jitendra SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Jitendra Sah, was arrested after 840 litres of liquor were recovered from a pick‑up vehicle in a case under the Bihar Prohibition and Excise Act. He claims to be merely the driver and asserts that he had no knowledge of the contraband, pointing out the absence of any incriminating material in his possession and his clean criminal record. The prosecution opposed bail, relying on the seriousness of the offences under Sections 30(a), 32(3) and 30(F). The court noted the petitioner’s lack of antecedents, the length of his pre‑trial custody, and the failure of the authorities to comply with Section 103 of the B.N.S.S., 2023. Consequently, the court granted bail on the condition of a Rs.15,000 bond with two sureties and compliance with procedural conditions.
Issues considered
- Whether bail should be granted to the accused in an excise case involving alleged possession of liquor under the Bihar Prohibition and Excise Act.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- excise
- prohibition
- criminal procedure
- clean antecedent
- driver
- possession
- Section 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8052 of 2026
Arising Out of PS. Case No.-378 Year-2025 Thana- Excise P.S. District- Begusarai
======================================================
Jitendra Sah Son of Pukar Sah Resident of Village - Birpur, Ward no. 12, P.S.
- Jurawanpur, District - Vaisali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md Fazle Karim, Advocate
For the Opposite Party/s : Mr.Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in Excise P.S. case No.
378 of 2025 instituted for the offences under Sections 30(a),
32(3) and 30(F) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 840 liters
liquor was recovered from pick-up vehicle and the
petitioner was arrested on spot.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in
the present case. No incriminating material has been
recovered from the conscious possession of the petitioner.
Patna High Court CR. MISC. No.8052 of 2026(2) dt.10-02-2026
2/3
The petitioner has got no concern with the alleged recovery
of liquor. It is further submitted that the petitioner is driver
of the vehicle in question and he had no knowledge
regarding nature of goods kept in the vehicle. The petitioner
is in custody since 23.09.2025 and has got no criminal
antecedent. There is no compliance of Section 103 of
B.N.S.S., 2023.
5. Learned A.P.P. 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, clean antecedent and 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 on
furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with
two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Excise
P.S. case No. 378 of 2025 subject to the following
conditions:
(I) One of the bailors shall be own/close member
of the family of the petitioner.
Patna High Court CR. MISC. No.8052 of 2026(2) dt.10-02-2026
3/3
(II) The petitioner shall appear on each and every
date fixed at the trial. In case of default in such appearance
on two consecutive dates, the Trial Court will have liberty
to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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