Patna High CourtCR. MISC./9809/2026bail granted

Jitendra Kumar v. The State Of Bihar

2026-02-13Mr. Justice R. P. Mishra2 pages

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 villageBhagwanpur 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 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