Patna High Court
Rajendra Jaiswal @ Rajendra PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioners' criminal antecedents.
Summary
Petitioners Rajendra Jaiswal and Guddu Jaiswal were implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 175.09 litres of liquor from their joint family house. They applied for anticipatory bail, contending that the liquor was not in their conscious possession, that the house is a joint family property, and that the complaint was filed by an inimical watchman. The State opposed the bail, arguing the seriousness of the offence and the petitioners' prior excise cases. The High Court, after hearing both sides, granted provisional anticipatory bail subject to a bond of Rs.15,000 with two sureties and a six‑week surrender period. The order further conditioned confirmation of bail on verification that petitioner 1 has no more than three prior cases and petitioner 2 no more than two, as per Section 482(2) of the BNSS.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
- Whether the alleged possession of liquor in a joint family house can be attributed to the petitioners.
- Whether the petitioners' prior criminal antecedents disqualify them from anticipatory bail.
Subjects
- anticipatory bail
- excise offence
- liquor seizure
- joint family property
- criminal antecedent
- Section 30(a)
- Section 482(2)
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14646 of 2026
Arising Out of PS. Case No.-453 Year-2025 Thana- GHORASAHAN District- East
Champaran
======================================================
1. Rajendra Jaiswal @ Rajendra Prasad son of Bira Prasad Resident of village-
Ghorasahan Uttri, Ward no. 06, Ps- Ghorasahan, Dist- East Champaran
2. Guddu Jaiswal @ Guddu Kumar Son of Rajendra Jaiswal @ Rajendra
Prasad Resident of village- Ghorasahan Uttri, Ward no. 06, Ps- Ghorasahan,
Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Mr. Harsh Shashwat, Advocate
For the Opposite Party/s : Mr. Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of three cases out of which two
cases are under the Excise Act and petitioner no. 2 has
antecedent of two cases under the Excise Act and allegation is
of recovery of 175.09 liters of liquor from house of petitioners
and Guddu Jaiswal as detailed in the FIR.
Patna High Court CR. MISC. No.14646 of 2026(2) dt.13-03-2026
2/3
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and the house in
question is a joint family property, as such, it cannot be alleged
with certainty that it were petitioners who had kept the liquor in
the house or the liquor kept in the house was within their
knowledge and they came to be implicated at the instance of
Chowkidar with whom they are on an inimical term. It is next
submitted that if Chowkidar was aware of the involvement of
the petitioners in the occurrence then why he did not inform the
police prior to institution of the instant FIR which casts an
aspersion on the case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
15,000/- (Rupees Fifteen Thousand) each with two sureties of
the like amount each to the satisfaction of the learned Trial
Court where the case is pending/successor court in connection
Patna High Court CR. MISC. No.14646 of 2026(2) dt.13-03-2026
3/3
with Ghorasahan P.S. Case No. 453 of 2025 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioner no. 1 has antecedent of more
than three cases and petitioner no. 2 has antecedent of more than
two cases then it would be presumed that petitioners, for the
purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional anticipatory
bail order shall not be confirmed, but after verification if it is
found that petitioner no. 1 has antecedent of three cases only and
petitioner no. 2 has antecedent of two cases only, in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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