Patna High Court
Jyotish Paswan @ Jyotish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond, sureties and specified conditions.
Summary
The petitioner, Jyotish Paswan, was arrested on 25 April 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 60 litres of country-made liquor seized from a house that is a joint property of the petitioner. The petitioner contended that the liquor was not in his conscious possession, that the seizure was conducted by police officers who acted as witnesses, thereby violating Sections 103 and 105 of the Bihar Non‑Statutory Seizure Act, 2023, and that he was falsely implicated. The prosecution opposed bail, highlighting the recovery from the petitioner’s house and a prior criminal antecedent, though noting the petitioner was already on bail in another matter. The High Court, after considering the facts, granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation with the trial, non‑tampering with evidence or witnesses, and verification of any concealed criminal antecedents. The bail order was made without delay for verification of the antecedent, and the petitioner was directed to appear as required.
Issues considered
- Whether bail should be granted to the petitioner under the provisions of the Bihar Prohibition and Excise Act, 30(a).
- Whether the seizure of the liquor complied with Sections 103 and 105 of the Bihar Non‑Statutory Seizure Act, 2023.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
Legislation cited
- Bihar Non‑Statutory Seizure Act, 2023 — s. 103, 105
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition and excise
- seizure procedure
- criminal antecedent
- joint property
- Section 30(a)
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37455 of 2026
Arising Out of PS. Case No.-66 Year-2026 Thana- TETERHAT District- Lakhisarai
======================================================
Jyotish Paswan @ Jyotish Kumar S/o Late Munshi Paswan Resident of
Village- Mahisona, P.S.- Tatarhat, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-06-2026 Heard Mr. Sanjeev Kumar, learned counsel for the
petitioner and Ms. Veena Kumari Jaiswal, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
25.04.2026 in connection with Tetarhat P.S. Case No. 66 of
2026, F.I.R. dated 24.04.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 60 liters of country made 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
been made from the house in question and petitioner is not the
Patna High Court CR. MISC. No.37455 of 2026(2) dt.17-06-2026
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absolute owner of the said house rather the same is the joint
house property of the petitioner. It appears from the seizure list
that seizure list witnesses are the police personnel so there is
non-compliance of Section 103/105 of the BNSS, 2023. The
petitioner is in custody since 25.04.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the recovery has been made from the house of the
petitioner and apart from that the petitioner carries one criminal
antecedent other than the present one but fairly submits that he
is on bail in the pending matter.
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 District &
Additional Sessions Judge VII-cum-Exclusive Special Excise
Court-II, Lakhisarai, in connection with Tetarhat P.S. Case No.
66 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
Patna High Court CR. MISC. No.37455 of 2026(2) dt.17-06-2026
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reason, his 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 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)
Vanisha/-
U T
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