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Patna High Court

Pawan YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
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          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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