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Patna High Court

Jamir Hasan @ Jamil HasanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted, subject to a bond and conditions, as the petitioner’s custody period and lack of criminal antecedents warranted release.

Summary

Jamir Hasan was charged under Sections 47(a) and 53(a) of the Bihar Prohibition and Excise Amendment Act, 2016 for possession of 700 ml of toddy. He had previously been granted bail in 2016, which was cancelled in 2024, leading to a non‑bailable warrant and his arrest. After processes under Sections 82 and 83 of the Criminal Procedure Code, he surrendered on 16 December 2025 and applied for bail, claiming innocence and no prior criminal record. The State opposed the bail application, arguing the seriousness of the offence and the prior cancellation of bail. The High Court considered the length of his custody, the petitioner’s undertaking to appear, and the lack of antecedents, and decided to grant bail. The court ordered release on a bail bond of Rs 15,000 with two sureties and imposed conditions regarding family surety and appearance at trial.

Issues considered

  • Whether bail should be granted to the petitioner despite the earlier cancellation of his bail bond and issuance of a non‑bailable warrant.
  • Whether the provisions of Sections 82 and 83 of the Criminal Procedure Code and the nature of the offences under the Bihar Prohibition and Excise Amendment Act, 2016, preclude bail.

Legislation cited

Subjects

  • bail
  • excise offence
  • todd y possession
  • CrPC Section 82
  • CrPC Section 83
  • non‑bailable warrant
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6583 of 2026
                   Arising Out of PS. Case No.-113 Year-2016 Thana- GOVERNMENT OFFICIAL COMP.
                                                    District- Gopalganj
                 ======================================================
                 Jamir Hasan @ Jamil Hasan S/O Bhuteli Miya R/O Village- Bhojpurwa, P.S.-
                 Manjhagarh, District- Gopalganj
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Javed Aslam, Advocate
                 For the Opposite Party/s :    Ms.Asha Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   02-02-2026                     Heard learned counsel for the petitioner and

                   learned APP for the State.

                               2. The petitioner seeks bail in connection with Trial

                   No. 2729 of 2025, arising out of Excise P.S. Case No. 113 of

                   2016, instituted for the offences under Sections 47(a) & 53(a) of

                   the Bihar Prohibition and Excise Amendment Act, 2016.

                               3. The prosecution case in brief is that 700.0 ML toddy

                   has been recovered from the possession of the petitioner.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner is innocent and has falsely been implicated in this

                   case. The present case is misuse of privilege of bail earlier

                   granted to the petitioner. Earlier, the petitioner has been granted

                   bail vide order dated 30.05.2016 by the learned Court below. He

                   further submits that due to non-appearance of petitioner, the bail
Patna High Court CR. MISC. No.6583 of 2026(2) dt.02-02-2026
                                            2/3




          bond of the petitioner got cancelled vide order dated 11.03.2024.

          On 09.08.2024 non-bailable warrant of arrest has been issued

          against the petitioner. On 04.02.2025 processes of Section 82 of

          Cr.P.C. and on 30.02.2025 process under Section 83 of Cr.P.C.

          was     issued.     Thereafter,      petitioner     has   surrendered   on

          16.12.2025. Learned counsel further submitted that the

          petitioner has not been given any information regarding

          cancellation of his bail bond by his counsel. It has been

          submitted on behalf of the petitioner that the petitioner is in

          custody since 16.12.2025 and has no criminal antecedent.

          Learned counsel for the petitioner further submits that the

          petitioner undertakes to abide by any conditions imposed by this

          Court, if released on bail.

                      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, as also the period of custody undergone by the

          petitioner as also the undertaking given 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/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court
           Patna High Court CR. MISC. No.6583 of 2026(2) dt.02-02-2026
                                                       3/3




                     below/concerned Court in connection with Trial No. 2729 of

                     2025, arising out of Excise P.S. Case No. 113 of 2016, 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. In case of default in such appearance on

                     two consecutive dates, the Trial Court will have liberty to cancel

                     the bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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