Patna High Court
Pawan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and specific conditions.
Summary
Petitioner Pawan Yadav was arrested on 17-02-2026 in connection with an excise case involving the seizure of 99 litres of foreign liquor from a tempo. He contended that he was neither the owner nor the driver of the tempo and that the seizure was not from his conscious possession. The petitioner also highlighted his clean antecedent and alleged non‑compliance of Sections 103 and 105 of the Bihar Narcotic Substances (BNSS) Act, 2023. The Additional Public Prosecutor opposed bail, but the court, noting the lack of direct possession, the petitioner’s clean record, and procedural lapses, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedent without delaying the release.
Issues considered
- What is the applicability of bail provisions in an excise case where the accused claims no direct possession of the seized liquor?
- Does non‑compliance of Sections 103/105 of the BNSS, 2023 justify granting bail?
- Should the petitioner’s clean antecedent influence the bail decision?
Subjects
- bail
- excise law
- foreign liquor seizure
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20366 of 2026
Arising Out of PS. Case No.-36 Year-2026 Thana- Excise Jhanjharpur District- Madhubani
======================================================
Pawan Yadav S/o Late Baharu Yadav Resident of Village - Chanauraganj,
Ward No. 12, P.S - Jhanjharpur, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramchandra Jha Raman, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 26-03-2026 Heard Mr. Ramchandra Jha Rama, learned counsel
for the petitioner and Mr. Umesh Lal Verma, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
17.02.2026 in connection with Excise Jhanjharpur P.S. Case No.
36 of 2026, F.I.R. dated 17.02.2026 for the offences punishable
under Sections 30(a), 32(1) and 32(3) of the Bihar Prohibition
and Excise Act.
3. Recovery is of 99 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has 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
recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.20366 of 2026(2) dt.26-03-2026
2/3
the recovery of 99 liters of foreign liquor has been made from
the tempo in question. He further submits that the petitioner is
neither the owner nor the driver of the said tempo in question.
There is non-compliance of Section 103/105 of the BNSS, 2023.
The petitioner is in custody since 17.02.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent and there is non-
compliance of Section 103/105 of the BNSS, 2023, let the
petitioner, 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, Jhanjharpur, Madhubani in connection
with Excise Jhanjharpur P.S. Case No. 36 of 2026, subject to the
following conditions:-
i. Petitioner 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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.20366 of 2026(2) dt.26-03-2026
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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 petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Vanisha/-
U T
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