Patna High Court
Pawan Yadav @ Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties and verification of antecedents, with confirmation contingent on the number of prior cases.
Summary
The petitioner, Pawan Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 57.03 litres of liquor were allegedly recovered from public premises and not from his possession. He argued that the investigation was mechanically driven, relying on a chowkidar’s statement without proper inquiry, and highlighted his three prior excise cases. The State opposed the bail. The High Court, applying Section 482(2) of the B.N.S.S., granted provisional anticipatory bail conditioned on a Rs.15,000 bond with two sureties and ordered verification of his criminal antecedents. The order stipulated that if more than three prior cases are found, the bail would not be confirmed; if exactly three, it would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the lack of recovery from the petitioner’s possession and the manner of investigation justify denial of bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal antecedents
- bail conditions
- excise offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.227 of 2026
Arising Out of PS. Case No.-478 Year-2025 Thana- NAUTAN District- West Champaran
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Pawan Yadav @ Pawan Kumar S/o Harishankar Yadav @ Harishankar R/o
Village- Fuljhariya, P.S- Bairiya, Dist- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar
For the Opposite Party/s : Mr. Sanjay Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 57.03 litres of liquor from three sacs.
It is next submitted that petitioner was not arrested from the spot
as such nothing was recovered from his conscious possession
and even alleged recovery is from a place which does not
belong to the petitioner and is accessible to public at large and
he came to be implicated at the instance of chowkidar but then it
is submitted that if chowkidar was aware of the involvement of
Patna High Court CR. MISC. No.227 of 2026(2) dt.15-01-2026
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the petitioner in the occurrence then why he did not inform the
police prior to institution of the instant FIR which casts an
aspersion on the case of the prosecution. It is also submitted that
once an accused is implicated in a case relating to excise, the
police starts implicating mechanically either through chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.15,000/- (Rupees fifteen thousand) with two sureties of the
like amount each to the satisfaction of the learned trial court
where the case is pending/successor court in connection with
Nautan P.S. Case No.478/2025, subject to the conditions as laid
down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
Patna High Court CR. MISC. No.227 of 2026(2) dt.15-01-2026
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three cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of three
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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