Patna High Court

JITENDRA KUMARversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Jitendra Kumar, was arrested in connection with a case (Saraiya PS Case No. 259 of 2025) involving the seizure of 882 litres of foreign liquor from two Tata pickup vehicles, alleged to be offences under Sections 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise Act. He contended that he was merely the owner of one of the vehicles and had no knowledge of the liquor, asserting that no incriminating material was found in his personal possession and that he has no prior criminal record. The State opposed his bail, arguing the seriousness of the offences, while the petitioner’s counsel highlighted the clean antecedent, the short period of custody since 5 January 2026, and the lack of compliance with Section 103 of the B.N.S.S. The Court examined these facts and considered the principle that bail may be granted when the accused is unlikely to flee or tamper with evidence. Accordingly, the Court inclined to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of equal amount. The order released the petitioner on bail pending further trial.

Issues considered

Whether bail should be granted to the accused under Sections 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise Act
Whether the petitioner’s clean antecedent and lack of personal possession of the liquor justify bail
Whether non‑compliance with Section 103 of the B.N.S.S. precludes bail

Legislation cited

B.N.S.S. — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
foreign liquor
criminal procedure
clean antecedent
vehicle ownership
Section 103

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9809 of 2026
                     Arising Out of PS. Case No.-259 Year-2025 Thana- SARAIYA District- Muzaffarpur
                 ======================================================
                 JITENDRA KUMAR S/o- Dhramdev Bhagat Resident of village-
                 Bhagwanpur Pakadi PS-Lalganj District- Vaishali
                                                                        ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Abhay Kumar Mishra, Advocate
                 For the Opposite Party/s :        Mr.Sanjay Kumar Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Saraiya

                   PS Case No. 259 of 2025 instituted for the offences under

                   Sections 30(a), 41(1) and 41(2) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that total 882

                   litres of foreign liquor was recovered from two TATA Pick-up

                   vehicles.

                                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
           Patna High Court CR. MISC. No.9809 of 2026(2) dt.13-02-2026
                                                        2/2




                     that petitioner is the owner of one of the vehicles and has no

                     knowledge regarding the nature of goods kept in the vehicle by

                     the driver. Learned counsel for the petitioner further submits

                     that other co-accused has been granted bail by this Bench vide

                     order dated 29.07.2025 passed in Cr. Misc. No. 48629 of 2025.

                     The petitioner is in custody since 05.01.2026 and has got no

                     criminal antecedent. There is no compliance of Section 103 of

                     B.N.S.S.

                                   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.10,000/- (Ten thousand) with two sureties of

                     the    like     amount      each      to   the      satisfaction   of   Court

                     below/concerned Court in connection with Saraiya PS Case No.

                     259 of 2025.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T

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