Patna High Court
Jaleshwar BinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond of Rs.10,000 and two sureties, with conditions for cooperation, appearance, and non‑tampering with evidence.
Summary
Jaleshwar was arrested on 5 March 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act Amendment Act, 2022, after 146.9 litres of country‑made liquor were seized from his poultry farm. The petitioner pleaded that he has a clean antecedent and that the liquor was not in his conscious possession, alleging that the seizure was conducted by Homeguard personnel without complying with Sections 103 and 105 of the BNSS, 2023. The State opposed bail. The court, noting the petitioner’s clean record and the procedural irregularities, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence or witnesses. The bail bond is to be verified by the lower court, but its acceptance should not be delayed. The order was pronounced by Justice Rajesh Kumar Verma.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, considering alleged procedural lapses in the seizure and the petitioner’s clean antecedent.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- country‑made liquor
- procedural lapse
- clean antecedent
- Section 30(a)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28844 of 2026
Arising Out of PS. Case No.-112 Year-2026 Thana- BHORE District- Gopalganj
======================================================
Jaleshwar Bin S/O Budhuk Bin Resident of Village- Semra (Parsouni), P.S.-
Bhore, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dewanand Tiwari, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-04-2026 Heard Mr.Dewanand Tiwari, learned counsel for the
petitioner and Mr.Navin Kumar Pandey, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
05.03.2026 in connection with Bhore P.S. Case No. 112 of
2026, F.I.R. dated 04.03.2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act Amendment Act, 2022.
3. Recovery is of 146.9 liters of country made liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. Further submits
that it appears from the FIR as well as the seizure list that
nothing has been recovered from conscious possession of the
petitioner rather the recovery has been made from the Poultry
Patna High Court CR. MISC. No.28844 of 2026(2) dt.28-04-2026
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Farm of the petitioner and altogether 146.9 liters of country
made liquor was recovered from the Poultry Farm of the
petitioner. Learned counsel for the petitioner submits that the
seizure list witnesses are Homeguard personnel so there is non-
compliance of Sections 103 and 105 of BNSS, 2023 and the
petitioner is in custody since 05.03.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact and petitioner has
clean antecedent, 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
learned District and Additional Sessions Judge-XIII-cum-
Special Judge, Excise-I, Gopalganj in connection with Bhore
P.S. Case No. 112 of 2026,with 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/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
Patna High Court CR. MISC. No.28844 of 2026(2) dt.28-04-2026
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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)
Nitesh/-
U T
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