Patna High Court
Pawan Kumar @ HaddiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner.
Summary
The petitioner, Pawan Kumar, was arrested in connection with a case alleging that 20 litres of liquor were recovered from the rear of his house, violating Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the liquor, that no incriminating material was found in his possession, and that his name was implicated only through the statements of a co‑accused. He had been in custody since 12‑12‑2025 and possessed one prior criminal antecedent, while the prosecution had not complied with Section 103 of the B.N.S.S., 2023. The State opposed bail, but the court, noting the lack of direct evidence, the open‑area recovery, and the procedural lapse, decided to grant bail. The court ordered the petitioner to furnish a bail bond of Rs 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case and the procedural lapse under Section 103 of B.N.S.S., 2023.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 103
- liquor seizure
- criminal procedure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15472 of 2026
Arising Out of PS. Case No.-463 Year-2025 Thana- MASHRAK District- Saran
======================================================
Pawan Kumar @ Haddi Son of Sipahi Mahto Resident of Village- Mashrakh
Purab Tola, P.S.- Mashrakh, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr.Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Mashrakh P.S. case No.
463 of 2025 instituted for the offences under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 20 liters liquor
was recovered from back side of petitioner’s house.
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
further submitted that the name of the petitioner has transpired
Patna High Court CR. MISC. No.15472 of 2026(2) dt.11-03-2026
2/2
on the basis of disclosure made by apprehended co-accused.
Recovery has been made from an open place accessible to
public at large. The petitioner is in custody since 12.12.2025 and
has got one criminal antecedent. There is no compliance of
Section 103 of B.N.S.S., 2023. Co-accused has been granted
bail by this Bench vide order dated 04.12.2025 passed in Cr.
Misc. No. 84778 of 2025.
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 Mashrakh P.S. case
No. 463 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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