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Patna High Court

Pawan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail must be granted as the petitioners have a clean antecedent and there is non‑compliance of statutory provisions.

Summary

Petitioners Pawan Kumar and Tanveer were arrested on 22 January 2026 in connection with a case involving the seizure of 855 litres of illicit liquor, alleged to be offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. They contended that the liquor was recovered from a pick‑up van and not from their conscious possession, that they have no prior criminal record, and that the investigating authorities failed to comply with Sections 103 and 105 of the BNSS. The Additional Public Prosecutor opposed bail. The High Court, noting the clean antecedent of the accused and the procedural lapses, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The order also directed the lower court to verify the criminal antecedent but not to delay bail on that basis. Consequently, the petition for bail was allowed.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
  • Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS warrants the grant of bail.
  • Whether the fact that the seized liquor was not in the conscious possession of the accused affects the bail decision.

Legislation cited

  • BNSS — s. 103, 105

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • procedural non‑compliance
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16077 of 2026
                       Arising Out of PS. Case No.-18 Year-2026 Thana- KOILWAR District- Bhojpur
                 ======================================================
           1.     Pawan Kumar S/O Rajpal @ Rajpal singh R/o Vill - Deoria Asguna P.s -
                  Kusait , Distt - Badaun , Uttar Pradesh.
           2.    Tanveer S/O Khursid Alam R/O Shekhpura, P.S.- Dehta Kotwali, Dist.-
                 Saharanpur, Uttar Pradesh.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    The state of bihar patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saroj Kumar Choudhary, Advocate
                 For the Opposite Party/s :       Mr. Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   11-03-2026                            Heard Mr. Saroj Kumar Choudhary, learned

                   counsel for the petitioners and Mr. Raj Kishor Singh, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioners seeks bail who is in custody since

                   22.01.2026 in connection with Koilwar P.S. Case No. 18 of

                   2026, F.I.R. dated 22.01.2026 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

                               3. Recovery is of 855 liters of illicit liquor.

                               4. Learned counsel for the petitioners submits that

                   petitioners have clean antecedent and they have falsely been

                   implicated in the present case. He further submits that it appears

                   from the F.I.R. as well as seizure list that nothing has been
Patna High Court CR. MISC. No.16077 of 2026(2) dt.11-03-2026
                                            2/3




          recovered from the conscious possession of the petitioners

          rather the recovery has been made from pick-up van in question.

          He further submits that there is non-compliance of Section 103

          and 105 of BNSS and the petitioners are in custody since

          22.01.2025.

                      5 The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioners.

                      6. Considering the aforesaid facts and circumstances,

          the petitioner have clean antecedent and there is non-compliance

          of Section 103 and 105 of BNSS, let the petitioners, above

          named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Exclusive Special Judge

          Excise, Excise court-II, Bhojpur, Ara in connection with

          Koilwar P.S. Case No. 18 of 2026, subject to the following

          conditions:-

                      i. Petitioners shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on their absence on two consecutive dates without sufficient

          reason, their bail bond shall be cancelled by the Court below.

                      ii. If the petitioners tamper with the evidence or the
            Patna High Court CR. MISC. No.16077 of 2026(2) dt.11-03-2026
                                                        3/3




                      witnesses, in that case, the prosecution will be at liberty to move

                      for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioners and in case at

                      any stage it is found that the petitioners have concealed their

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioners. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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