Patna High Court
Umesh Jaisawal @ Umesh PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- BNSS, 2023 — s. 103
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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