Patna High Court
Neeraj Jayswal @ Niraj JaiswalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioners subject to strict conditions.
Summary
Petitioners Neeraj Jayswal and Aadil Rayeen were arrested on 22‑02‑2026 in connection with the seizure of 288 litres of illicit foreign liquor and charged under Sections 30(a), 32(i)(iii) and 41(i)(ii) of the Bihar Prohibition and Excise Act, 2018. They contended that they have no prior criminal record, were not in possession of the liquor, and were neither owners nor drivers of the vehicle from which the liquor was recovered; they also argued that Sections 103 and 105 of the BNSS were not complied with. The Additional Public Prosecutor opposed bail. The High Court, after considering the facts, granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, physical presence, non‑tampering with evidence or witnesses, and verification of antecedents. The order directed that bail should not be delayed for antecedent verification and that breach of conditions could lead to cancellation.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act, 2018 for the alleged offences.
- Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS affects the grant of bail.
- Whether the lack of ownership or possession of the seized liquor and vehicle justifies bail.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- prohibition
- excise
- illicit liquor
- criminal antecedent
- possession
- vehicle seizure
- Section 103
- Section 105
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21328 of 2026
Arising Out of PS. Case No.-98 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
1. Neeraj Jayswal @ Niraj Jaiswal S/O Arvind Sah Resident of - Purab
Muhala, Bhabua, Ward No. 23, P.S. - Bhabua, District - Kaimur (Bhabua).
2. Aadil Rayeen @ Adil Rain S/O Kalimuddin Rayeen Resident of - Purab
Muhala, Bhabua, Ward No. 25, P.S. - Bhabua, District - Kaimur (Bhabua).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Sunil, Advocate
For the Opposite Party/s : Mr. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 01-04-2026 Heard Mr. Kumar Sunil, learned counsel for the
petitioners and Mr. Pronoti Singh, learned Additional Public
Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
22.02.2026 in connection with Prohibition and Excise Bhabua
P.S. Case No. 98 of 2026, F.I.R. dated 22.02.2026 for the
offences punishable under Section 30(a), 32(i)(iii), 41(i)(ii) of
the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 288 liters of illicit foreign liquor.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case merely on the basis of suspicion.
Patna High Court CR. MISC. No.21328 of 2026(2) dt.01-04-2026
2/3
He further submits that it appears from the F.I.R. as well as
seizure list that nothing has been recovered from the conscious
possession of the petitioners rather the recovery has been made
from vehicle in question and petitioners are neither the owner
nor the driver of the vehicle in question. He further submits that
there is non-compliance of Section 103 and 105 of BNSS and
the petitioners are in custody since 22.02.2026 .
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Judge (Excise)-II, Kaimur at Bhabua in
connection with Prohibition and Excise Bhabua P.S. Case No.
98 of 2026, subject to the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the
Patna High Court CR. MISC. No.21328 of 2026(2) dt.01-04-2026
3/3
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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