Created by Fuzzy Cloud

Patna High Court

Neeraj Jayswal @ Niraj JaiswalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.