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Patna High Court

Vikash JayswalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petition for anticipatory bail, granting it with conditions.

Summary

The petitioner, Vikash Jayswal, sought anticipatory bail fearing arrest in Excise P.S. Case No. 3339 of 2025, which involved the seizure of 1.620 liters of foreign liquor and the apprehension of five individuals. He asserted that he was neither the owner of the godown nor the liquor and had a clean criminal record. The prosecution alleged offences under Sections 30(a), 37, 32, 41, 56(b) and 62 of the Bihar Prohibition and Excise Amendment Act, 2018. The court examined the facts, the petitioner’s claim of non‑involvement, and the statutory provisions governing anticipatory bail. It granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and several conditions including personal appearance in court and verification of antecedents. The order clarified that any observations made would not affect the trial.

Issues considered

  • Whether anticipatory bail under Section 438 of the Code of Criminal Procedure can be granted to the petitioner in the context of alleged excise offences under the Bihar Prohibition and Excise Amendment Act, 2018.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • illegal liquor
  • Section 438 CrPC
  • Bihar Prohibition and Excise Amendment Act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11280 of 2026
                       Arising Out of PS. Case No.-3339 Year-2025 Thana- Excise P.S. District- Patna
                 ======================================================
                 Vikash Jayswal, son of Raju Jayswal, R/o village- Purvi Mohalla, Mirganj,
                 Ps- Mirganj, Dist- Gopalganj

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Abhijeet Gautam, Advocate
                 For the Opposite Party/s :         Mr. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends his arrest in connection with

                   Excise P.S. Case No. 3339 of 2025 registered for the offences

                   under Sections 30(a), 37, 32, 41, 56(b) and 62 of the Bihar

                   Prohibition and Excise Amendment Act, 2018.

                                3. The prosecution case is to the effect that a godown

                   was searched and total 1.620 liters of Indian made foreign liquor

                   was recovered from a godown and five persons were

                   apprehended.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has falsely been implicated in this case and he has no

                   concern with the alleged recovery. It has further been submitted

                   that the petitioner is neither the owner of the godown nor the
Patna High Court CR. MISC. No.11280 of 2026(2) dt.17-02-2026
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          owner of the said seized liquor. It is an admitted case that five

          persons were apprehended and they were taking liquor when

          they were apprehended and were found to be in an inebriated

          condition. It has lastly been submitted that the petitioner has

          clean antecedent.

                       5. Learned APP for the State has opposed the prayer

          for anticipatory bail.

                       6. Considering the facts and circumstances of the case

          and the submissions advanced on behalf of the parties, let the

          petitioner above named be released on anticipatory bail, in the

          event of arrest or surrender before the learned Court below

          within a period of four weeks from today, on furnishing bail

          bonds of Rs.10,000/-(ten thousand) with two sureties of the like

          amount each to the satisfaction of the learned Court below

          where the case is pending/successor court in connection with

          Excise P.S. Case No. 3339 of 2025, subject to the conditions as

          laid down under Section 438(2) of the Code of Criminal

          Procedure read with corresponding Section 482(2) of B.N.S.S.

          as well as subject to the following conditions:-

                          (i) One of the bailors of the petitioner shall be his close
                          relative.
                          (ii) The petitioner shall remain physically present in
                          Court on each date of the trial.
                          (iii) In case of absence on two consecutive dates, or in
              Patna High Court CR. MISC. No.11280 of 2026(2) dt.17-02-2026
                                                          3/3




                                        violation of the terms of the bail, the bail bond of the
                                        petitioner will be liable to be cancelled by the Court
                                        concerned.
                                        (iv) If the petitioner is found involved in similar nature
                                        of offence in future, the prosecution shall be at liberty
                                        to move for cancellation of his bail bond.
                                        (v) The learned 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.

                                     7. Accordingly, the prayer for anticipatory bail is

                        allowed.

                                     8. It is made clear that the observation, if any, made in

                        this order, shall be of no bearing during the trial.



                                                 (Sourendra Pandey, J)
manoj/-

U         T


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