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Patna High Court

Jaleshwar BinversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                           3/3




                         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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