Vijay Kumar Jha Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Vijay Kumar Jha Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner 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 Exclusive Special Judge, Excise, Jhanjharpur, in connection with Bhairavsthan P.S. Case No. 17 of 2026, subject to conditions (co-operation in trial and presence on dates; no tampering with evidence or witnesses; antecedent verification by the court below without delaying acceptance of bail bonds).

Issue for consideration

Whether the petitioner, in custody since 06.02.2026 in connection with Bhairavsthan P.S. Case No. 17 of 2026 for offences under Sections 274, 275, 3(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act, is entitled to be released on bail.

Court's answer

Bail granted: considering the facts and circumstances, the petitioner's clean antecedents and non-compliance of Sections 103/105 of BNSS, the petitioner was ordered to be released on bail on furnishing a bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Jhanjharpur, in connection with Bhairavsthan P.S. Case No. 17 of 2026.

Ratio / Principle

Condition of bail: the petitioner shall co-operate in the trial, be properly represented on each and every date fixed by the court and remain physically present as directed; on absence on two consecutive dates without sufficient reason, the bail bond is cancellable by the court below.

Key takeaways

Further condition: the court below shall verify the criminal antecedents of the petitioner and take steps for cancellation of the bail bond if concealment of antecedents is found at any stage; however, acceptance of bail bonds shall not be delayed for purpose of or in the name of verification.ratio¶24

Detailed headnote1 paragraphs

Bail granted — Offences punishable under Sections 274, 275, 3(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act — Recovery of 450 litres of Sourav Safi Nepali liquor from the vehicle in question — Petitioner in custody since 06.02.2026 with clean antecedent; recovery alleged to be from the vehicle and not from conscious possession of the petitioner — Seizure list witnesses stated to be police personnel; non-compliance of Sections 103/105 of the BNSS, 2023 considered by the Court — Petitioner directed to 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 Exclusive Special Judge, Excise, Jhanjharpur, subject to conditions of co-operation in trial and physical presence on each date (bail bond cancellable on absence on two consecutive dates without sufficient reason), non-tampering with evidence or witnesses, and verification of criminal antecedents by the court below — Acceptance of bail bonds not to be delayed for purpose of or in the name of verification. (Patna High Court, Rajesh Kumar Verma, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24444 of 2026

Arising Out of PS. Case No.-17 Year-2026 Thana- BHAIRAVSHTHAN District- Madhubani

======================================================

Vijay Kumar Jha S/O Radhe Shyam Jha R/O Village - Sugauna , p.sRajnagar , District - Madhubani.

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Ms. Meena Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 15-04-2026

Heard Mr. Gagan Deo Yadav, learned counsel for the petitioner and Ms. Meena Singh, learned APP for the State.

Petitioner seeks bail, who is in custody since 06.02.2026 in connection with Bhairavsthan P.S. Case No. 17 of 2026, F.I.R. dated 06.02.2026 for the offences punishable under Sections 274, 275, 3(5) of the B.N.S. and u/s 30(a) of the Bihar Prohibition and Excise Act.

The recovery is of 450 litres of Sourav Safi Nepali liquor from the vehicle in question.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. It appears from the FIR that nothing incriminating article has been recovered from the conscious possession of this petitioner rather the alleged

Patna High Court CR. MISC. No.24444 of 2026(2) dt.15-04-2026 2/3

recovery has been made from the vehicle in question. Altogether, 450 litres of Sourav Safi Nepali liquor from the vehicle in question. Learned counsel further submits that there is non compliance of section 103/105 of the BNSS, 2023 and the Seizure list witnesses are the Police personnel and the petitioner is in custody since 06.02.2026.

Learned APP for the State on the other hand vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and there is noncompliance of section 103/105 of BNSS, 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 Exclusive Special Judge, Excise, Jhanjharpur, in connection with Bhairavsthan P.S. Case No. 17 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 on 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

Patna High Court CR. MISC. No.24444 of 2026(2) dt.15-04-2026 3/3

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.

(Rajesh Kumar Verma, J)

Ranjeet/-

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