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Patna High Court

MUKESH KUMAR JAYSAWAL @ MUKESH JAISWALversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted, subject to a bond of Rs 10,000, two sureties, and specified conditions.

Summary

Mukesh Kumar Jaiswal, arrested under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly selling liquor, sought bail while in custody. The prosecution alleged that a police raid recovered 87.46 litres of liquor from the open backyard of his house. The petitioner claimed he was falsely implicated, argued that the open space was accessible to the public and thus he could not be held responsible, and noted a single prior similar offence. The State opposed bail, but the petitioner offered to deposit a sum with the Lawyers’ Association Welfare Benevolent Fund. The High Court, after considering the facts, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding attendance, future offences, and verification of antecedents.

Issues considered

  • Whether the petitioner is entitled to bail for an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the open nature of the premises and lack of direct control over the seized liquor negate liability for bail.
  • Whether the petitioner’s prior criminal antecedent of a similar nature justifies denial of bail.

Subjects

  • bail
  • prohibition law
  • excise
  • liquor seizure
  • criminal procedure
  • Section 30
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89905 of 2025
                  Arising Out of PS. Case No.-653 Year-2025 Thana- MOTIHARI MUFASIL District- East
                                                       Champaran
                 ======================================================
                 MUKESH KUMAR JAYSAWAL @ MUKESH JAISWAL S/o- Langatu Sah
                 Resident of village-Madhubanighat Ps- Muffasil District- East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Aditya Kumar Pandey, Advocate
                 For the Opposite Party/s :      Ms. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   08-01-2026                      Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. Petitioner, who is in custody, seeks bail in

                   connection with Muffasil P.S. Case No. 653 of 2025

                   registered for the offence(s) punishable under Section(s)

                   30(a) of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, on a secret

                   information received by the police that the petitioner was

                   selling liquor from his house, a raid was conducted and

                   upon search 87.46 liters of liquor was recovered from the

                   backyard of the petitioner’s house.

                                4. The learned counsel for the petitioner submits
Patna High Court CR. MISC. No.89905 of 2025(2) dt.08-01-2026
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          that the petitioner has falsely been implicated in this case and

          he has no concern either with the seized liquor or the recovery .

          It is further submitted that the place of recovery is open

          space which is accessible to general public and hence, the

          petitioner cannot be saddled with the liability of owing the

          same. The learned counsel lastly submits that the petitioner

          has one criminal antecedent of similar nature and he is in

          custody since 13.10.2025.

                       5. The petitioner is willing and undertakes to

          deposit a sum of Rs. 5,000/- in the account of Lawyers’

          Association Welfare Benevolent Fund, bearing Account No.

          7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI

          Branch, Bailey Road, Patna.

                       6. The learned A.P.P. has vehemently opposed the

          prayer for bail.

                       7. Regard being had to the facts and circumstances

          of the case, 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       court       below        where   the   case   is

          pending/successor court in connection Muffasil P.S. Case
Patna High Court CR. MISC. No.89905 of 2025(2) dt.08-01-2026
                                            3/4




          No. 653 of 2025, subject to the following conditions:-

                       (i) One of the bailors of the petitioner shall be his

          close relative and the other shall be the local resident.

                       (ii) The petitioner shall remain physically present

          in Court on each date of the trial.

                       (iii) In case of absence on two consecutive dates

          or in violation of the terms of the bail, the bail bond of the

          petitioner will be liable to be cancelled by the court

          concerned.

                       (iv) If the petitioner is found involved in similar

          nature of offence in future, the prosecution shall be at

          liberty to move for cancellation of his bail bond.

                       (v) The learned 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.

                       8. The bail bond of the petitioner shall be accepted

          by the learned Trial Court on showing receipt of deposit of
           Patna High Court CR. MISC. No.89905 of 2025(2) dt.08-01-2026
                                                       4/4




                     aforesaid amount with the Lawyers’ Association Welfare

                     Benevolent Fund.

                                  9. Accordingly, the prayer for bail is allowed.

                                  10. It is made clear that the observation, if any,

                     made in this order, shall be of no bearing during the trial.



                                              (Sourendra Pandey, J)
aditya/-

U


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