Patna High Court
Aditya Jaiswal @ Bunty JaiswalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to monetary and procedural conditions.
Summary
The petitioner, Aditya Jaiswal, was arrested in connection with a case under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act after 121 litres of liquor, including 94.4 litres from a scooty, were recovered. He contended that he was falsely implicated, that no liquor was found in his possession, and that his name surfaced only through statements of co‑accused, while the vehicle involved did not belong to him. The petitioner had been in custody since 8 July 2025 and possessed four prior criminal antecedents, and the prosecution argued that Section 103 of the B.N.S.S., 2023 had not been complied with. The State opposed bail, citing the seriousness of the offence and the petitioner’s record. The Court, after weighing the lack of direct incriminating material, the duration of custody, and the petitioner’s claim of innocence, decided to grant bail. Bail was conditioned on a bond of Rs 15,000 with two sureties and specific undertakings regarding appearance, non‑tampering with evidence, and refraining from similar offences.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under the Bihar Prohibition and Excise Act and having prior criminal antecedents
- Whether compliance with Section 103 of the B.N.S.S., 2023 is a prerequisite for granting bail in this case
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- antecedents
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3154 of 2026
Arising Out of PS. Case No.-240 Year-2025 Thana- GUTHANI District- Siwan
======================================================
Aditya Jaiswal @ Bunty Jaiswal S/o Rajendra Jaiswal @ Tuntun Jaiswal R/o
Vill- Guthni Purvi, P.S.- Guthni, Distt- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arbind Kumar Singh, Advocate
For the Opposite Party/s : Mrs.Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Guthni P.S. case No.
240 of 2025 instituted for the offences under Sections 30(a) and
41(1) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 121 liters
liquor was recovered out of which 94.4 liters liquor was
recovered from Scooty.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioner. The petitioner
has got no concern with the alleged recovery of liquor. It is
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further submitted the name of the petitioner has transpired on
the basis of disclosure made by apprehended co-accused. The
vehicles in question do not belong to the petitioner. The
petitioner is in custody since 08.07.2025 and has got four
criminal antecedents. There is no compliance of Section 103 of
B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Guthni P.S. case
No. 240 of 2025 subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
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or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Pankaj/-
U
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