Jitendra Vernawal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31277 of 2026 Arising Out of PS. Case No.-495 Year-2026 Thana- Excise P.S. District- Jamui ====================================================== Jitendra Vernawal S/o- Raj KIshor Vernawal @ Rajkishor Prasad Barnwal Village- Lakhan Kiyari PS-Sono District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-05-2026 Heard Mr. Niranjan Parihar, learned counsel for the petitioner and Mr. Syed Mojibur Rahman, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 21.03.2026, in connection with JAM P.S. Case No. 495 of 2026, F.I.R. dated 20.03.2026 registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act.

3. Recovery is of 200.00 litres of illegal spirit.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely 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

Patna High Court CR. MISC. No.31277 of 2026(2) dt.08-05-2026 2/3 rather recovery has been made from the tempo in question and altogether 200.00 lires of illegal spirit was recovered from the tempo in question and the petitioner is not the owner of the tempo in question. It appears from the seizure list that the seizure list witnesses are police personnel and the petitioner is in custody since 21.03.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and nothing has been recovered from the conscious possession of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court No. 02nd, Jamui in connection with JAM P.S. Case No. 495 of 2026, subject to the following conditions :-

(1) 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

Patna High Court CR. MISC. No.31277 of 2026(2) dt.08-05-2026 3/3 reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) 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 antecedents, 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) Ibrar//- U T