Created by Fuzzy Cloud

Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.