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Patna High Court

Pawan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to the petitioner.

Summary

The petitioner, Pawan Kumar, was arrested on 17 January 2026 after 5.250 liters of liquor were allegedly recovered from a jute bag in his possession during a raid by the Sadar Excise Police Station, under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely a passerby, that the bag did not belong to him, and that no incriminating material was found on his conscious possession, emphasizing his clean record and the lack of compliance with Section 103 of the B.N.S.S., 2023. The State opposed bail, arguing the seriousness of the offence. The Court, after considering the circumstances, the length of custody, and the petitioner’s claim of innocence, decided to grant bail. The bail was set at a bond of Rs.15,000 with two sureties of the same amount, subject to the satisfaction of the concerned lower court.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of recovery of liquor from a bag allegedly linked to him.
  • Whether the procedural requirements of Section 103 of the B.N.S.S., 2023 have been complied with in the bail application.

Legislation cited

Subjects

  • bail
  • excise
  • liquor possession
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • Section 103
  • B.N.S.S., 2023
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15685 of 2026
                        Arising Out of PS. Case No.-13 Year-2026 Thana- Excise P.S. District- Saran
                 ======================================================
                 Pawan Kumar S/O Diwakar Singh R/O Village- Bibiganj Bhagwanpur, P.S.-
                 Muzaffarpur Sadarm Dist.- Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Nalin Kumar, Advocate
                 For the Opposite Party/s :         Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in Sadar Excise P.S. case

                   No. 13 of 2026 instituted for the offences under Section 30(a)

                   of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that 42.150 liters

                   liquor was        recovered out of which 5.250 liters liquor was

                   recovered from jute bag of the petitioner and the petitioner was

                   arrested on spot.

                               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
           Patna High Court CR. MISC. No.15685 of 2026(2) dt.13-03-2026
                                                       2/2




                     has got no concern with the alleged recovery of liquor. It is

                     further submitted that the petitioner was passersby of the way

                     and has become victim of the circumstances. The jute bag in

                     question does not belong to the petitioner. The petitioner is in

                     custody since 17.01.2026 and has got no criminal antecedent.

                     There is no compliance of Section 103 of B.N.S.S., 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 Sadar Excise P.S.

                     case No. 13 of 2026.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T


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