Patna High Court

Narmdeshwar TiwariversusThe State of Bihar

Decided: 6 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

Bail was granted as the alleged recovery was not from the petitioner's conscious possession and the charge‑sheet had already been filed.

Summary

Narmdeshwar Tiwari was arrested in connection with an excise case alleging illegal manufacturing and trading of illicit liquor, with 2,554 liters seized from an abandoned vehicle. The petitioner contended that the liquor was not in his conscious possession and that the seizure list lacked independent witnesses. He had been in custody since 20 September 2025 and sought bail, arguing that the charge‑sheet had already been filed, leaving no risk of evidence tampering. The Additional Public Prosecutor opposed bail. The court observed that the recovery was not made from the petitioner's direct possession and, given the filed charge‑sheet, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions under CrPC Sec 437(3) and BNSS Sec 480(3).

Issues considered

Whether bail should be granted to the accused in an excise case where the alleged contraband was not in his conscious possession
Whether the filing of a charge‑sheet eliminates the risk of evidence tampering sufficient to justify bail

Legislation cited

BNSS — s. 480(3)
Code of Criminal Procedure, 1973 — s. 437(3)

Subjects

bail
excise law
illicit liquor
possession
charge sheet
Bihar Prohibition and Excise Act
Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8581 of 2026
                   Arising Out of PS. Case No.-34 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
                                                 District- East Champaran
                 ======================================================
                 Narmdeshwar Tiwari, Son of Late Ramswarup Tiwari, R/o Barwa (Tiwari
                 Tola), P.S. - Pipra Kothi, Dist. - East Champaran, Correct Address R/o of
                 village - Ashok Pakadi Tiwari Tola, P.S. - Pipra, Dist. - East Champaran.
                                                                                   ... ... Petitioner
                                                     Versus
                 The State of Bihar
                                                                            ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhannjay Kumar No. 2, Advocate
                 For the Opposite Party/s :       Mr. Akshay Lal Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   06-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The accused/petitioner seeks bail in connection

                   with Excise P.S. Case No.34 of 2021 registered for the

                   offences punishable under Sections 30(a) and 41(i) of the

                   Bihar Prohibition and Excise (Amended up-to-date) Act,

                   2016.

                                3. The accused/petitioner is named in the FIR and

                   is in custody since 20.09.2025.

                                4. Allegation against the petitioner is to be engaged

                   in illegal trading/manufacturing of illicit liquor, where there is

                   recovery of 2554 liters of Indian made foreign illicit liquor.
Patna High Court CR. MISC. No.8581 of 2026(2) dt.06-02-2026
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                       5. It is submitted by learned counsel appearing for

          petitioner that alleged recovery was made from abandoned

          vehicle, which was parked beside the road. It is submitted

          that admittedly the recovery was not made from physical

          possession of this petitioner. The seizure list also appears

          disputed being not supported by any independent witness.

          While concluding argument, it is submitted that investigation

          of this case has been completed, for which, charge-sheet has

          submitted and, as such, there is no chance of tampering with

          the evidence.

                       6. Learned APP opposes the prayer of bail to the

          petitioner.

                       7. In view of aforesaid factual submissions and by

          taking note of fact as alleged recovery of illicit liquor prima

          facie not appears to be made from conscious physical

          possession of this petitioner, coupled with the fact that

          charge-sheet has already submitted, where petitioner is in

          custody since 20.09.2025, accordingly, the petitioner, above-

          named, is directed to be released on bail furnishing bail bond

          of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
           Patna High Court CR. MISC. No.8581 of 2026(2) dt.06-02-2026
                                                       3/3




                     the like amount each to the satisfaction of the learned

                     Exclusive Special Excise Judge-2, East Champaran at Motihari

                     in connection with Excise P.S. Case No.34 of 2021, subject to

                     the conditions as laid down under Section 437(3) of the

                     CrPC/under Section 480(3) of BNSS.


                                                             (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T

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