Patna High Court
Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
Checking your session…