Patna High Court
Umesh Jaiswal @ Umesh Kumar JaiswalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 30(c), 30(d), 34(b)
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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