Mukesh Kumar Jaysawal @ Mukesh Jaiswal v. The State Of Bihar

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 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

2/4 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

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

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