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2026 Supreme(Online)(Pat) 116
PATNA HIGH COURT
CHANDRA SHEKHAR JHA, J
Narmdeshwar Tiwari – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.8581 of 2026 | PS. Case No.-34 Year-2021
For the Petitioner/s: Mr. Dhannjay Kumar No. 2
For the Respondent/s: Mr. Akshay Lal Pandit, APP
The court can grant bail when the accused is not in physical possession of the alleged illegal substance, and the investigation is complete.
Headnote:In this case, the accused/petitioner sought bail in connection with charges under the Bihar Prohibition and Excise Act for illicit liquor manufacturing, claiming no physical possession was established during the alleged recovery. The court found prima facie merit in the petitioner's arguments, considering the completed investigation and custody duration. The petitioner's bail was granted as the evidence did not conclusively tie them to the alleged offense, and the charge-sheet had already been submitted. The decision includes a requirement for bail bonds and compliance with specified conditions.
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.
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 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.)
