Patna High Court
Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioners are entitled to bail, subject to a bond and specified conditions.
Summary
Petitioners Pawan Kumar and Ganesh Kumar, driver and co‑driver of a tanker, were arrested on 21 December 2025 in connection with the seizure of 2,511 litres of foreign liquor under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. They contended that they had no ownership interest in the tanker, were merely employees, and possessed a clean antecedent. The State opposed bail, but the court observed that the liquor was recovered from the tanker itself, not from the petitioners’ personal possession, and that procedural requirements under Sections 103 and 105 of the BNSS, 2023 were not complied with. In view of these facts, the court granted bail on a bond of Rs 10,000 each with two sureties, imposing conditions of cooperation, regular appearance, non‑tampering with evidence, and verification of antecedents. The order was directed to be implemented by the Exclusive Excise Court No. II, Jamui.
Issues considered
- Whether the petitioners are entitled to bail despite the seizure of foreign liquor
- Whether the petitioners' role as driver/co‑driver makes them liable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023 affects the bail application
Subjects
- bail
- excise
- foreign liquor
- driver
- co‑driver
- clean antecedent
- seizure
- Bihar Prohibition and Excise Act
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17771 of 2026
Arising Out of PS. Case No.-1336 Year-2025 Thana- Excise P.S. District- Jamui
======================================================
1. Pawan Kumar Son of Ashok Rai Resident of Village- Sahai, P.S.- Vaishali,
District- Vaishali
2. Ganesh Kumar Rai Son of Santlal Yadav Resident of Village- Rahimpur,
P.S.- Vaishali, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar, Advocate
For the Opposite Party/s : Mr.Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr.Manoj Kumar, learned counsel for the
petitioners and Mr.Umesh Lal Verma, learned A.P.P. for the
State.
2. The petitioners seek bail, who are in custody since
21.12.2025 in connection with Jam P.S. Case No. 1336 of
2025, F.I.R. dated 20.12.2025 registered for the offence
punishable under Sections 30(a), 32(3) of Bihar Prohibition and
Excise Act.
3. Recovery is of 2511 liters of foreign liquor.
4. Learned counsel appearing for the petitioners
submits that the petitioners have clean antecedent. It appears
from the FIR as well as the seizure list that nothing has been
Patna High Court CR. MISC. No.17771 of 2026(2) dt.17-03-2026
2/3
recovered from possession of the petitioners rather the recovery
has been made from the Tanker in question and altogether 2511
liters of foreign liquor was recovered from the Tanker in
question and the petitioner is not the owner of the Tanker in
question and petitioner No.1 is Driver and petitioner No.2 is co-
Driver of the Tanker in question and they have no concern at all
with the alleged recovery of illicit liquor and there is non-
compliance of Sections 103 and 105 of BNSS, 2023 and the
petitioners are in custody since 21.12.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioners.
6. Considering the aforesaid fact, petitioners have
clean antecedent, let the petitioners, above named, be released
on bail on furnishing bail bond of Rs.10,000/- (Ten
Thousand)each with two sureties of the like amount each to the
satisfaction of learned Exclusive Excise Court No.-II, Jamui in
connection with Jam P.S. Case No. 1336 of 2025, with 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
Patna High Court CR. MISC. No.17771 of 2026(2) dt.17-03-2026
3/3
reason, their bail bond shall be cancelled by the Court below.
(II) If the petitioners tamper with the evidence or the
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 antecedents, 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)
Nitesh/-
U T
Checking your session…