Patna High Court
Gabbar Jaiswal @ Raju Ranjan Jaiswal @ Gabbar JayswalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail, finding no sufficient basis to deny bail on the ground of lack of constructive possession.
Summary
Gabbar Jaiswal sought anticipatory bail after being named in an excise case (PS No. 390 of 2026) for alleged recovery of 55.2 litres of illicit liquor from a vacant plot within his property boundary. The prosecution alleged the liquor was seized from the land, while the petitioner argued he had no constructive possession and that the land is open and accessible to all. The court noted the petitioner’s clean antecedent and the lack of direct possession, and therefore decided to extend anticipatory bail. Bail was ordered on a bond of Rs.10,000 with two sureties and subject to conditions under Section 482(2) of the BNSS and additional safeguards. The petitioner must appear before the trial court and refrain from tampering with evidence or committing further offences.
Issues considered
- Whether anticipatory bail can be granted when the alleged contraband is recovered from vacant land not in the petitioner’s constructive possession
- Whether the provisions of Section 482(2) of the BNSS and Section 30(a) of the Bihar Excise and Prohibition Act justify denial of bail
Legislation cited
- Bihar Excise and Prohibition Act — s. 30(a)
- Bihar Negotiable Substances (or similar) Statutes (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- constructive possession
- illicit liquor
- Bihar Excise Act
- bail conditions
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31597 of 2026
Arising Out of PS. Case No.-390 Year-2026 Thana- SIKARPUR District- West Champaran
======================================================
Gabbar Jaiswal @ Raju Ranjan Jaiswal @ Gabbar Jayswal S/o Late Ramji
Jaiswal Resident of village - Prakash Nagar, ward no. 12, P.S.- Shikarpur,
Distt.- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharad Kumar Verma, Adv.
For the Opposite Party/s : Mr.Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 07-05-2026 Heard Sharad Kumar Verma, learned counsel for the
petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Shikarpur P.S. Case No. 390 of 2026 for the
offence punishable under sections 30(a) of the Bihar Excise and
Prohibition Act, lodged on 01.04.2026 by the informant.
3. As per the prosecution case, there has been
recovery of 55.2 litres of illicit liquor, allegedly, from an open
space falling within the boundary of the petitioner. Accordingly,
the FIR.
4. Learned counsel for the petitioner submits that the
alleged recovery is said to have been made from an open
space/vacant land which falls within the boundary of the
petitioner. The petitioner has been named by the co-accused,
Patna High Court CR. MISC. No.31597 of 2026(2) dt.07-05-2026
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Raja Kumar who happens to be the son of the petitioner, though
he has got no concerned with the recovered liquor. Petitioner
has got clean antecedent and nothing incriminating is said to
have recovered from his constructive possession.
5. Learned APP opposes the prayer submitting that
there is recovery of 55.2 litres of illicit liquor from the vacant
land falling within the boundary of the petitioner.
6. Considering the fact that the recovery has not been
made from the constructive possession of this petitioner and the
place from where the seizure is said to have been made is a
vacant land having easy access to all, this Court is inclined to
extend him the privilege of anticipatory bail.
7. Let the petitioner, above named, be released on
bail in the event of arrest or surrender within a period of four
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten thousand) with two sureties of like amount
each to the satisfaction of learned Exclusive Special Judge,
Excise-II, West Champaran at Bettiah in connection with
aforesaid PS Case, subject to the conditions as laid down under
Section 482(2) of the BNSS as well as the following
conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
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who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his bail bond by
the Trial Court itself;
(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his bail bonds.
(Ajit Kumar, J)
perwez
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