Gyasuddin Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Gyasuddin Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted - petitioner to be enlarged on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Special Excise Judge, Saran at Chapra, in connection with Jalalpur P.S. Case No. 313 of 2025.

Issue for consideration

Whether the petitioner should be enlarged on bail in connection with Jalalpur P.S. Case No. 313 of 2025 registered for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances of the case, the Court was inclined to enlarge the petitioner on bail, notwithstanding opposition by learned APP for the State.

Ratio / Principle

The petitioner was directed to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each, to the satisfaction of the learned 2nd Exclusive Special Excise Judge, Saran at Chapra, in connection with Jalalpur P.S. Case No. 313 of 2025.

Detailed headnote1 paragraphs

Bail - Bihar Prohibition and Excise Act, S. 30(a) - Patna High Court, Cr. Misc. No.16514 of 2026 (decided 13-03-2026), Ashok Kumar Pandey, J. Petitioner Gyasuddin sought bail in Jalalpur P.S. Case No. 313 of 2025 (Saran district), wherein one litre of country made liquor was allegedly recovered from his pocket and 130 litres from the bushes. Counsel for the petitioner argued false implication, that seizure-list witnesses were police personnel and that Section 105 of the BNSS was not complied with in making the seizure; it was also stated the petitioner had no criminal antecedents and was in judicial custody since 16.12.2025. The State opposed the application. Considering the facts and circumstances, the Court enlarged the petitioner on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Special Excise Judge, Saran at Chapra.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16514 of 2026

Arising Out of PS. Case No.-313 Year-2025 Thana- JALALPUR District- Saran

======================================================

Gyasuddin Son of Rahim Sai Resident of village -Harpur Ps- Jalalpur DistSaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh No. I, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 13-03-2026

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner has prayed for bail in connection with Jalalpur P.S. Case No. 313 of 2025 arising out of Jalalpur P.S. Case No. 313 of 2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

The case of the prosecution, in short, is that altogether one liter of country made liquor was recovered from the pocket of this petitioner, and 130 liters of country made liquor were recovered from the bushes.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Nothing has been recovered from the possession of this

Patna High Court CR. MISC. No.16514 of 2026(2) dt.13-03-2026 2/2

petitioner. He also submits that the witnesses of the seizure list are police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 16.12.2025.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 2^nd Exclusive Special Excise Judge, Saran at Chapra in connection with Jalalpur P.S. Case No. 313 of 2025.

(Ashok Kumar Pandey, J)

Sudhanshu/-

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