Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to a bond of Rs 10,000, two sureties, and specified conditions.
Summary
Jitendra Kumar was arrested in connection with a seizure of 230.14 litres of foreign liquor and related items under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed to be merely a labourer with no ownership of the seized car and asserted no involvement in the illicit consignment, while noting that a co‑accused had already been granted bail. The petitioner, who has one prior similar offence and has been in custody since 22‑08‑2025, offered to deposit a modest sum with the Advocate Association. The court, after considering the circumstances and the petitioner’s custody duration, granted bail on a bond of Rs 10,000 with two sureties and imposed specific conditions, including personal attendance at trial and verification of criminal antecedents. The order clarified that its observations would not affect the trial proceedings.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts and his prior criminal antecedent.
- Whether the prior bail granted to a co‑accused influences the bail decision for the petitioner.
- Whether the petitioner’s offer to deposit Rs 2,500 with the Advocate Association satisfies the bail security requirements.
Subjects
- bail
- prohibition law
- excise
- liquor trafficking
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89638 of 2025
Arising Out of PS. Case No.-35 Year-2025 Thana- Ramdas Rai Ka Dera District- Buxar
======================================================
Jitendra Kumar S/o Suresh Ray R/o Pump House, Punaichak, P.s.- Shastri
Nagar, Distt.- Patna, Bihar. Permanent address - vill - Alamnagar, P.s.-
Alamnagar, Distt.- Madhepura, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Jha, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 07-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Ram Das Rai ke Dera P.S. Case No. 35 of
2025 registered for the offence(s) punishable under
Section(s) 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, on the basis of
secret information that a consignment of liquor was being
transported in various vehicles, the police intercepted the
same and recovered a total of 230.14 litres of various
foreign liquor. A car and a mobile phone were also
recovered from the co-accused, namely, Vinay Kumar, who
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was apprehended at the spot.
4. The learned counsel for the petitioner submits
that the petitioner is a worker and was working as a
labourer, having no concern whatsoever with the recovered
illicit liquor. It is further submitted that the petitioner is not
the owner of the Brezza car from which the alleged
recovery was made. It is also submitted that the co-accused,
namely, Vinay Kumar, has already been enlarged on bail by
a coordinate Bench of this Hon’ble Court vide order dated
07.10.2025 passed in Cr. Misc. No. 69705 of 2025. Lastly,
the learned counsel submits that the petitioner has one
criminal antecedent of similar nature and he is in custody
since 22.08.2025.
5. The petitioner is willing and undertakes to
deposit a sum of Rs. 2,500/- with the Advocate Association,
Patna High Court.
6. The learned A.P.P. has vehemently opposed the
prayer for bail.
7. Regard being had to the facts and circumstances
of the case and taking note of the fact that the petitioner has
remained in custody since 22.08.2025, let the petitioner,
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above named, be released on bail on furnishing bail bond of
Rs. 10,000/- (Ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court below
where the case is pending/successor court in connection
Ram Das Rai ke Dera P.S. Case No. 35 of 2025, subject to
the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be the local resident.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the court
concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be at
liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at any stage
it is found that the petitioner has concealed his criminal
antecedent, the court below shall take step for cancellation
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of bail bond of the petitioner. However, the acceptance of
bail bonds in terms of the above-mentioned order shall not
be delayed for purpose of or in the name of verification.
8. The bail bond of the petitioner shall be accepted
by the learned Trial Court on showing receipt of deposit of
aforesaid amount with the Advocate Association, Patna
High Court.
9. Accordingly, the prayer for bail is allowed.
10. It is made clear that the observation, if any,
made in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U T
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