IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14972 of 2026 Arising Out of PS. Case No.-177 Year-2026 Thana- NAWADA District- Nawada ====================================================== Jitendra Kumar Sinha S/O Rajendra Prasad Sinha R/O Village - Shivnagar, P.S- Town,Dist- Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pramod Kumar Verma, Advocate For the Opposite Party/s : Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 09-03-2026 Heard Mr.Pramod Kumar Verma, learned counsel for the petitioner and Mr.Jharkhandi Upadhyay, learned A.P.P. for the State. 2. The petitioner seeks bail, who is in custody since 11.02.2026 in connection with Nawada Town P.S. Case No. 177 of 2026, F.I.R. dated 11.02.2026 registered for the offence punishable under Sections 274,275 of BNS and Section 30(a) of Bihar Prohibition and Excise Act, 2022. 3. Recovery is of 28.5 liters of English Wine and 29.5 liters of Beer total 58 litres of liquor. 4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. It appears from the FIR as well as the seizure list that nothing has been recovered from conscious possession of the petitioner rather the Patna High Court CR. MISC. No.14972 of 2026(2) dt.09-03-2026 2/3 recovery has been made from the house in question. The house in question is joint family property of the petitioner and petitioner is not the exclusive owner of the house in question. It appears from the FIR that altogether 28.5 liters of English Wine and 29.5 liters of Beer total 58 litres of liquor was recovered from the house in question and there is non-compliance of Section 103 of BNSS, 2023 and the petitioner is in custody since 11.02.2026. 5. Learned APP for the State has opposed the prayer for bail of the petitioner. 6. Considering the aforesaid fact, petitioner has clean antecedent and nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from the joint house of the petitioner, 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 learned Exclusive Special Excise Court No.1, Nawada in connection with Nawada Town P.S. Case No. 177 of 2026,with 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 Patna High Court CR. MISC. No.14972 of 2026(2) dt.09-03-2026 3/3 on his/her absence on two consecutive dates without sufficient reason, his/her 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 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. Nitesh/- (Rajesh Kumar Verma, J) U T