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Patna High Court

Jawahar Lal PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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