Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted as the petitioner had a clean antecedent, short custody period, and no material linking him directly to the seized liquor.
Summary
The petitioner, Jitendra Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 26 litres of liquor recovered from his motorcycle. He claimed innocence, asserting that no incriminating material was found in his conscious possession and that he had no prior criminal record. The State opposed bail, while the petitioner highlighted the lack of compliance with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023 and pointed out that a co‑accused had already been granted bail. The Court, noting the petitioner’s clean antecedents, short period of custody, and the circumstances of the case, decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance with Section 103 of the BNSS, 2023 affects the bail application.
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- clean antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91322 of 2025
Arising Out of PS. Case No.-51 Year-2025 Thana- MEHUSH District- Sheikhpura
======================================================
Jitendra Kumar S/O Sato Chaudhary R/O Village- Sarmera, P.S- Sarmera,
Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate
For the Opposite Party/s : Ms. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Mehus
PS Case No. 51 of 2025 instituted for the offences under
Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 26 liters
liquor was recovered from motorcycle.
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. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that petitioner is the owner of the motorcycle and he has been
Patna High Court CR. MISC. No.91322 of 2025(2) dt.19-01-2026
2/2
implicated on extraneous consideration. The petitioner is in
custody since 29.11.2025 and has got no criminal antecedent/s.
There is no compliance of Section 103 of the BNSS, 2023.
Other co-accused has been granted bail by this Court vide order
dated 10.12.2025, passed in Cr. Misc. No. 85433 of 2025.
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 of the petitioner 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 Mehus PS Case No.
51 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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