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Patna High Court

Umesh Jaiswal @ Umesh Kumar JaiswalversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner subject to a bond of Rs.10,000 and two sureties.

Summary

Umesh Jaiswal was arrested in connection with a case registered as Jandaha P.S. Case No.536 of 2025, alleged to involve offences under Sections 274, 275 & 3(5) of the Bihar Narcotic Substances Act and Sections 30(a), 30(c), 30(d) & 34(b) of the Bihar Prohibition and Excise (Amendment) Act. The prosecution claimed that 5 litres of liquor and related paraphernalia were recovered from two motorcycles linked to the petitioner, while the petitioner contended that nothing was found in his possession and that his name only appeared in a confessional statement of another accused. He had been in judicial custody since 11 March 2026 and the State opposed bail on the ground of a prior similar criminal antecedent. The court examined the material evidence, the lack of direct recovery from the petitioner, and the principle of bail pending trial. Considering the circumstances, the court decided to enlarge bail on the condition of a Rs.10,000 bond with two sureties. The order directed the petitioner to appear before the Exclusive Special Excise Court and the Additional Sessions Judge, Vaishali, at Hajipur.

Issues considered

  • Whether bail should be granted to the petitioner in view of the alleged offences under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise (Amendment) Act.
  • Whether the petitioner’s alleged involvement, based solely on a confessional statement of another accused, warrants denial of bail.

Legislation cited

Subjects

  • bail
  • narcotic offences
  • excise
  • criminal antecedent
  • judicial custody
  • Bihar law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24687 of 2026
                      Arising Out of PS. Case No.-536 Year-2025 Thana- JANDAHA District- Vaishali
                 ======================================================
                 Umesh Jaiswal @ Umesh Kumar Jaiswal S/o Late Mahesh Coudhary @ Late
                 Mahesh Prasad Choudhary R/o Village - Bari Durga Mandir Gopal Path,
                 Mahnar, P.S - Mahnar, District - Vaishali

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shivjee Singh, Advocate
                 For the Opposite Party/s :       Mr. Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   13-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Jandaha P.S. Case No.536 of 2025 registered for the

                   offence punishable under Sections 274, 275 & 3(5) of the BNS

                   and under Sections 30(a), 30(c), 30(d) & 34(b) of the Bihar

                   Prohibition and Excise (Amendment) Act.

                                3. The case of the prosecution, in short, is that from

                   two bikes altogether 5 liter of liquor was recovered. It is further

                   stated that certain stickers, wallpapers and caps on which RC

                   was written, were recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that nothing has been recovered from
            Patna High Court CR. MISC. No.24687 of 2026(3) dt.13-05-2026
                                                        2/2




                      the possession of this petitioner rather his name has surfaced in

                      the confessional statement of one Ramjee Rai. It has further

                      been submitted that the petitioner is in judicial custody since

                      11.03.2026.

                                   5. The application for bail is opposed by learned APP

                      for the State. He has further submitted that the petitioner is

                      having criminal antecedent of one case of similar nature.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the court of learned

                      Exclusive       Special     Excise      Court        no.-I-cum-District   and

                      Additional Sessions Judge, Vaishali at Hajipur in connection

                      with Jandaha P.S. Case No.536 of 2025.



                                            (Ashok Kumar Pandey, J)
Durgesh/-
Rohit/-

U      T


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