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Patna High Court

Umesh Jaisawal @ Umesh PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Umesh Jaisawal, was arrested in connection with a case (Bhore PS Case No. 438 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 486 litres of country‑made liquor was recovered from a corn field. The petitioner claimed innocence, stating that no incriminating material was found in his possession, the liquor was recovered from an open area accessible to all, and that his name was implicated due to local political vendetta. He had been in custody since 3 December 2025 and possessed one prior criminal antecedent, and the prosecution had not complied with Section 103 of the BNSS, 2023. The State opposed bail, but the Court, considering the lack of direct evidence, the length of custody, and procedural lapses, decided to grant bail. Bail was ordered on the condition of a Rs 15,000 bond with two sureties, one of whom must be a close family member, and the petitioner must appear at every trial date, with bail liable to be cancelled upon default on two consecutive dates.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the recovery and the petitioner’s antecedents.
  • Whether the non‑compliance with Section 103 of the BNSS, 2023 affects the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition and excise
  • liquor seizure
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • Section 103
  • BNSS 2023
  • political vendetta
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1777 of 2026
                       Arising Out of PS. Case No.-438 Year-2025 Thana- BHORE District- Gopalganj
                 ======================================================
                 Umesh Jaisawal @ Umesh Prasad S/o Late Sharda Jaiswal @ Sharda Shah
                 R/o Village - Bhore, Police Station- Bhore, District - Gopalganj
                                                                                 ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Raj Krishna Jha, Adv.
                 For the Opposite Party/s :        Mr. Shahabuddin Azeem @ S. Azeem, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER
2   19-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2. The petitioner seeks bail in connection with Bhore PS

                   Case No. 438 of 2025 instituted for the offences under Section

                   30(a) of the Bihar Prohibition and Excise Act.

                           3. The prosecution case, in short, is that 486 liters of

                   country made liquor was recovered from the corn field.

                           4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel

                   for the petitioner submits that the recovery has been made from an

                   open place which is accessible to one and all and the name of the

                   petitioner transpired in this case on the disclosure made by the
           Patna High Court CR. MISC. No.1777 of 2026(2) dt.19-01-2026
                                                       2/2




                     local persons due to dirty village politics. The petitioner is in

                     custody since 03.12.2025 and has got one criminal antecedent.

                     There is no compliance of Section 103 of the BNSS, 2023.

                             5. Learned A.P.P. for the State has vehemently opposed the

                     prayer for grant of bail to the petitioner.

                             6. Considering the aforesaid facts and circumstances of the

                     case and the period of custody undergone by the petitioner, this

                     Court is inclined to grant bail to the petitioner.

                             7. Let the petitioner be released on bail, after framing of

                     charge, if not already framed, on furnishing bail bonds of

                     Rs.15,000/- (Fifteen thousand) with two sureties of the like

                     amount each to the satisfaction of Court below/concerned Court

                     in connection with Bhore PS Case No. 438 of 2025, subject to the

                     following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the petitioner.

                             (II) The petitioner shall appear on each and every date fixed

                     at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.

                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-
U      T


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