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Patna High Court

Rajendra Jaiswal @ Rajendra PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

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
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                       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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