Patna High Court
Saurabh Jaiswal @ Saurav JaiswalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
In the absence of incriminating material, prior criminal record, and given the non‑compliance of Section 103 of the BNSS, 2023, the court held that bail must be granted to the petitioner.
Summary
The petitioner, Saurabh Jaiswal, was arrested in connection with a Prohibition (Excise) case for allegedly having 98.365 litres of liquor in a bus. He contended that he was neither the owner nor the driver, that no incriminating material was found in his possession, and that he had no prior criminal record. The State opposed bail, invoking Section 30(a) of the Bihar Prohibition and Excise Act. The court noted the lack of direct evidence, the petitioner’s clean antecedents, and the failure to comply with Section 103 of the BNSS, 2023, and therefore decided to grant bail. Bail was ordered on the condition of a Rs.15,000 bond with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the non‑compliance of Section 103 of the BNSS, 2023, justifies denial of bail
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- excise
- prohibition
- liquor seizure
- Section 30
- Section 103
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2260 of 2026
Arising Out of PS. Case No.-716 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Saurabh Jaiswal @ Saurav Jaiswal S/o- Sudama Jaiswal @ Sudama Jaishawal
R/v- Ward No-19, Mission Chowk, Kedarpur Ambikapur, PS- Gandhinagar
District- Sarguja Chhattisgarh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Pathak, Adv.
For the Opposite Party/s : Mr. Braj Kishore Pd.(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 Prohibition
(Excise) PS Case No. 716 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 98.365 liters of
foreign and country made liquor was recovered from the bus.
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. Learned counsel for
the petitioner submits that the petitioner is the neither the owner
nor the driver of the vehicle in question and he has no
Patna High Court CR. MISC. No.2260 of 2026(2) dt.19-01-2026
2/2
knowledge regarding the nature of goods kept in the vehicle.
The petitioner is in custody since 25.11.2025 and has got no
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 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 Prohibition (Excise) PS Case No. 716
of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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