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Patna High Court

Pawan SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was not granted to the petitioner.

Summary

Petitioner Pawan Singh applied for anticipatory bail after being implicated in a case involving alleged possession of 1807.56 litres of liquor, a country-made pistol, live cartridges, a motorcycle and a bicycle. He contended that he was not in conscious possession of the seized items, was not the owner of the vehicle, and was implicated solely on the basis of secret information and his prior antecedents. The State opposed the bail, emphasizing the seriousness of the offences under the Bihar Prohibition and Excise Amendment Act, 2022, the Bihar Narcotic Substances provisions, and the Arms Act, and argued that the petitioner might abscond. The Court considered the seriousness of the charges, the petitioner’s prior record, and the risk of absconding, and concluded that granting anticipatory bail was inappropriate. Consequently, the Court rejected the anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in light of the alleged offences under the Bihar Prohibition and Excise Amendment Act, 2022, the Bihar Narcotic Substances provisions, and the Arms Act.
  • Whether the petitioner poses a risk of absconding or tampering with evidence given his antecedent record.

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • Excise Act
  • Prohibition
  • bail jurisprudence
  • criminal procedure
  • seizure
  • antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11178 of 2026
                     Arising Out of PS. Case No.-223 Year-2025 Thana- YADOPUR District- Gopalganj
                 ======================================================
                 Pawan Singh Son of Kamlesh Singh Resident of Village - Sihorwa, P.S.-
                 Yadopur @ Jadopur, District - Gopalganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Santosh Kumar
                 For the Opposite Party/s :       Ms. Indu Kumari Srivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   30-03-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Jadopur @ Yadopur P.S. Case No.223/2025, registered for

                   the offences punishable under Section 30(a) of Bihar Prohibition

                   and Excise Amendment Act, 2022, 317(5), 3(5) of the BNS and

                   Sections 25(1-B), (a), 26 and 35 of the Arms Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases under the Excise Act and

                   allegation is of recovery of 1807.56 litres of liquor from a

                   tractor along with a country made pistol and two live cartridges

                   and one motorcycle and a bicycle were seized.

                                4. Learned counsel submits that petitioner was not

                   arrested from the spot as such nothing was recovered from his
             Patna High Court CR. MISC. No.11178 of 2026(3) dt.30-03-2026
                                                         2/2




                       conscious possession and is not the owner of the seized vehicle

                       and he came to be implicated based on secret information on

                       account of is previous antecedents.

                                    5. Learned A.P.P. for the State opposes the prayer for

                       anticipatory bail of the petitioner and submits that allegation is

                       of recovery of country made pistol along with two live

                       cartridges along with liquor and the petitioner has antecedents

                       also and the case requires to be investigated. It is further

                       submitted that if privilege of anticipatory bail is granted to the

                       petitioner in a case relating to Arms Act, the petitioner may

                       abscond.

                                    6. Considering the submissions made by the learned

                       APP, the Court is not inclined to extend the privilege of

                       anticipatory bail to the petitioner.

                                    7. The anticipatory bail application of the petitioner is

                       rejected.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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