Patna High Court
Jawahar Lal PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Jawahar Lal Prasad, was arrested on 15 March 2026 in connection with the seizure of 109.5 litres of illicit liquor from a motorcycle, alleged to be offences under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He contended that he had no conscious possession of the liquor and that the seizure list, prepared solely by police personnel, violated Sections 103 and 105 of the BNS Act, rendering the evidence inadmissible. The prosecution opposed bail, citing two prior criminal antecedents, though the petitioner was already on bail in those matters. The court examined the facts, the alleged procedural lapses, and the petitioner’s antecedents, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directed that bail should not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner despite alleged offences under the BNS Act and the Bihar Prohibition and Excise Amendment Act.
- Whether the alleged non‑compliance with Sections 103/105 of the BNS Act invalidates the seizure and affects bail considerations.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103, 105, 274, 275, 3(5)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- bail
- illicit liquor
- excise law
- procedural compliance
- criminal antecedent
- seizure
- Section 103
- Section 105
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Amendment Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26211 of 2026
Arising Out of PS. Case No.-101 Year-2026 Thana- HARLAKHI District- Madhubani
======================================================
Jawahar Lal Prasad S/o Late Surendra Prasad Mahto R/o Village - Pipraun,
P.S. - Harlakhi, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Ms. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-04-2026 Heard Mr. Ravi Prakash, learned counsel for the
petitioner and Ms. Suman Kumari Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
15.03.2026 in connection with Harlakhi P.S. Case No. 101 of
2026, F.I.R. dated 14.03.2026 for the offences punishable under
Sections 274 and 275 and 3(5) of the BNS, 2023 and Section
30(a) of the Bihar Prohibition and Excise Amendment Act,
2022.
3. Recovery is of 109.5 liters of illicit liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.26211 of 2026(2) dt.20-04-2026
2/3
conscious possession of the petitioner rather the recovery of
109.5 liters of illicit liquor has been made from the motorcycle
in question. He further submits that from perusal of the seizure
list it appears that the seizure list witnesses are the police
personnel so there is non-compliance of Section 103/105 of the
BNSS, 2023. The petitioner is in custody since 15.03.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries two criminal antecedents other
than the present one but fairly submits that he is on bail in both
the pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, 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 Madhubani in connection with Harlakhi
P.S. Case No. 101 of 2026 subject to the following conditions:-
i. Petitioner 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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.26211 of 2026(2) dt.20-04-2026
3/3
ii. If the petitioner tampers with the evidence or the
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 petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Vanisha/-
U T
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