Patna High Court
Vikash JayswalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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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