Jitendra Bhuiyan @ Jitendra Bhuiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16110 of 2026 Arising Out of PS. Case No.-1460 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Jitendra Bhuiyan @ Jitendra Bhuiya S/O Shiv Kumar Bhuiyan @ Shiv Kumar Bhuiya R/O Vill.- Manika, P.S.- Madanpur, Dist.- Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aman Vishal, Advocate For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-03-2026 Heard Mr. Aman Vishal, learned counsel for the petitioner and Ms. Veena Kumari Jaiswal, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 31.12.2025 in connection with Aurangabad Excise Sadar P.S. Case No. 1460 of 2025, F.I.R. dated 30.12.2025 for the offences punishable under Sections 30(a), and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Recovery is of 210 liters of illicit chulai liquor.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather

Patna High Court CR. MISC. No.16110 of 2026(2) dt.12-03-2026 2/3 the recovery has been made from the vehicle (tempo) in question. He further submits that there is non-compliance of Section 103/105 of the BNSS, 2023. The petitioner is in custody since 31.12.2025.

5 Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances that the petitioner has clean antecedent and there is noncompliance of Section 103/105 of the BNSS, 2023, let the petitioner, 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 Special Judge, Excise, Second, Aurangabad (Bihar) in connection with Aurangabad Excise Sadar P.S. Case No. 1460 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to

Patna High Court CR. MISC. No.16110 of 2026(2) dt.12-03-2026 3/3 move for cancellation of bail.

iii. And further condition that the 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 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.

(Rajesh Kumar Verma, J) Vanisha/- U T