Patna High Court
Kalu Jain @ Kalu Kumar JainversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court grants bail to the petitioner with a bond of Rs.10,000 and two sureties, subject to specified conditions.
Summary
Kalu Jain was arrested on 9 March 2026 in connection with the seizure of 66.235 litres of foreign liquor, alleged to violate Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018. He applied for bail, claiming he was falsely implicated, that the liquor was not recovered from his possession, and that the investigating agency failed to comply with Sections 103 and 105 of the Bihar Narcotic Substances Act. The prosecution opposed bail, highlighting two prior criminal antecedents, though noting that Jain was already on bail for those cases. The High Court considered the nature of the offence, the alleged procedural lapses, and the petitioner’s criminal record, 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 directs the lower court to release the petitioner while monitoring compliance with the stipulated conditions.
Issues considered
- Whether bail should be granted to the accused in a case under the Bihar Prohibition and Excise Act involving large quantity of foreign liquor.
- Whether alleged non‑compliance of Sections 103 and 105 of the Bihar Narcotic Substances Act warrants denial of bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- foreign liquor seizure
- criminal antecedent
- procedural compliance
- surety bond
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29476 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- Vishanpur District- Kishanganj
======================================================
Kalu Jain @ Kalu Kumar Jain S/O Om Prakash Jain R/O Vill.- Bishanpur,
P.S- Bishanpur, District - Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard Mr. Ram Prawesh Kumar, learned counsel
for the petitioner and Mr. Sanjay Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
09.03.2026 in connection with Bishanpur P.S. Case No. 13 of
2026, F.I.R. dated 28.02.2026 for the offences punishable under
Section 30(a) and 32(3) of the Bihar Prohibition and Excise Act,
2018.
3. Recovery is of 66.235 liters of foreign 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
conscious possession of the petitioner rather the recovery has
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been made from house in question. He further submits that there
is non-compliance of Section 103 and 105 of BNSS and the
petitioner is in custody since 09.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries two criminal antecedents other
than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the said 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-II, Kishanganj in connection with
Bishanpur P.S. Case No. 13 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.
ii. If the petitioner tampers with the evidence or the
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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)
Suruchi/-
U T
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