Jaleshwar Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28844 of 2026 Arising Out of PS. Case No.-112 Year-2026 Thana- BHORE District- Gopalganj ====================================================== Jaleshwar Bin S/O Budhuk Bin Resident of Village- Semra (Parsouni), P.S.- Bhore, District- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dewanand Tiwari, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-04-2026 Heard Mr.Dewanand Tiwari, learned counsel for the petitioner and Mr.Navin Kumar Pandey, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 05.03.2026 in connection with Bhore P.S. Case No. 112 of 2026, F.I.R. dated 04.03.2026 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act Amendment Act, 2022.

3. Recovery is of 146.9 liters of country made liquor.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. Further submits that it appears from the FIR as well as the seizure list that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from the Poultry

Patna High Court CR. MISC. No.28844 of 2026(2) dt.28-04-2026 2/3 Farm of the petitioner and altogether 146.9 liters of country made liquor was recovered from the Poultry Farm of the petitioner. Learned counsel for the petitioner submits that the seizure list witnesses are Homeguard personnel so there is noncompliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 05.03.2026.

5. Learned APP for the State has opposed the prayer for bail of the petitioner.

6. Considering the aforesaid fact and petitioner has clean antecedent, 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 learned District and Additional Sessions Judge-XIII-cumSpecial Judge, Excise-I, Gopalganj in connection with Bhore P.S. Case No. 112 of 2026,with 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/her absence on two consecutive dates without sufficient reason, his/her 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

Patna High Court CR. MISC. No.28844 of 2026(2) dt.28-04-2026 3/3 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) Nitesh/- U T