Patna High Court

Pawan Kumar Shahi @ Pawan ShahiversusThe State of Bihar

Decided: 23 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The petitioner is entitled to bail as there is no material recovered from his possession and the period of custody is excessive.

Summary

The petitioner, Pawan Kumar Shahi, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 450 litres of country-made liquor were recovered from a vehicle. He claimed innocence, stating he was merely the driver and had no knowledge of the illicit liquor, and that no incriminating material was found in his possession. The prosecution opposed bail, while the petitioner’s counsel highlighted the lack of direct evidence and the petitioner’s custody since 26-12-2025, noting non‑compliance with Section 103 of the BNSS, 2023. The court, considering the facts and the duration of custody, decided to grant bail on the condition of a Rs.15,000 bond with two sureties and compliance with stipulated conditions. The petitioner was ordered to appear at every trial date, with bail liable to be cancelled upon default on two consecutive appearances.

Issues considered

Whether the petitioner is entitled to bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance with Section 103 of the BNSS, 2023, affects the grant of bail.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
illegal liquor
Section 30(a)
Section 103
BNSS 2023
criminal procedure
custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11967 of 2026
                   Arising Out of PS. Case No.-237 Year-2025 Thana- PHULWARIYA District- Gopalganj
                 ======================================================
                 Pawan Kumar Shahi @ Pawan Shahi S/o Gobind Shahi @ Govind Shahi
                 Resident of Village- Padari, P.S.- Hata, District- Kushinagar, Uttar Pradesh

                                                                                 ... ... 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. Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   23-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Phulwariya PS Case No. 237 of 2025 instituted for the offences

                   under Section/s 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 450 liters

                   country made liquor was recovered from car.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. It is submitted

                   that name of the petitioner has surfaced in this case as being
           Patna High Court CR. MISC. No.11967 of 2026(2) dt.23-02-2026
                                                       2/2




                     driver of the vehicle in question and he was oblivious of the fact

                     that illicit liquor was laden in the vehicle. The petitioner is in

                     custody since 26.12.2025 and has got one criminal antecedent/s.

                     There is no compliance of Section 103 of the BNSS, 2023.

                             5.      Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                             6.      Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                             7.      Let the petitioner be released on bail on furnishing

                     bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Phulwariya PS Case

                     No. 237 of 2025, subject to the following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the petitioner.

                             (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-
U      T

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