Patna High Court
GyasuddinversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on a bond of Rs 10,000 with two sureties.
Summary
The petitioner, Gyasuddin, applied for bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, alleging possession of one litre of country‑made liquor and the recovery of 130 litres from nearby bushes. The prosecution alleged that the liquor was seized from the petitioner’s pocket and the surrounding area. The petitioner contended that he was innocent, that the seizure was not made in compliance with Section 105 of the BNSS, and that he had no prior criminal record, having been in judicial custody since 16‑12‑2025. The State opposed the bail application. After hearing both sides, the Court found no compelling reason to deny bail and ordered the petitioner to be released on a bail bond of Rs 10,000 with two sureties, subject to the satisfaction of the Special Excise Judge, Saran.
Issues considered
- Whether the petitioner is entitled to bail pending trial for an alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Section 105 of the BNSS in making the seizure affects the bail application.
- Whether the petitioner’s lack of prior criminal antecedents and his custodial status warrant the grant of bail.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- prohibition and excise
- Section 30(a)
- seizure
- Section 105
- criminal procedure
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16514 of 2026
Arising Out of PS. Case No.-313 Year-2025 Thana- JALALPUR District- Saran
======================================================
Gyasuddin Son of Rahim Sai Resident of village -Harpur Ps- Jalalpur Dist-
Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh No. I, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Jalalpur P.S. Case No. 313 of 2025 arising out of Jalalpur
P.S. Case No. 313 of 2025 registered for the offence punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short, is that
altogether one liter of country made liquor was recovered from
the pocket of this petitioner, and 130 liters of country made
liquor were recovered from the bushes.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Nothing has been recovered from the possession of this
Patna High Court CR. MISC. No.16514 of 2026(2) dt.13-03-2026
2/2
petitioner. He also submits that the witnesses of the seizure list
are police personnel and the police has not complied with
Section 105 of the BNSS while making the seizure. Moreover, a
statement has been made in para 3 of the petition that petitioner
has no criminal antecedent and he is languishing in judicial
custody since 16.12.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned 2 nd
Exclusive Special Excise Judge, Saran at Chapra in connection
with Jalalpur P.S. Case No. 313 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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