Patna High Court

Pavan Kumar @ Pawan PatelversusThe State of Bihar

Decided: 17 April 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court held that anticipatory bail is warranted given the petitioner's clean antecedent and lack of direct possession, and granted bail subject to specified conditions.

Summary

Petitioner Pavan Kumar sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition & Excise Act for the alleged recovery of 63 litres of foreign liquor from a bamboo clamp near his poultry farm. He contended that he had no possession of the liquor, was falsely implicated by a local watchman, and had no criminal antecedent, offering to cooperate with the investigation. The State opposed the bail application. The court, after considering the facts, the petitioner's clean record, and the circumstances, granted anticipatory bail on the condition that the petitioner surrender within six weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The order was pronounced by Justice Sunil Dutta Mishra.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition & Excise Act.
Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
Whether the conditions of Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, justify granting bail.

Legislation cited

Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition & Excise Act
foreign liquor
Section 30(a)
Bharatiya Nagrik Suraksha Sanhita
Section 482(2)
clean antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24294 of 2026
                       Arising Out of PS. Case No.-91 Year-2026 Thana- VAISHALI District- Vaishali
                 ======================================================
                 Pavan Kumar @ Pawan Patel Son of Bindeshwar Singh Resident of Village -
                 Hauzpura @ Hauzpur @ Khauzpura, P.S.- Belsar O.P., District - Vaishali.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ranjit Kumar Thakur, Advocate
                 For the Opposite Party/s :        Ms. Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   17-04-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Vaishali (Belsar O.P.) P.S. Case No. 91 of 2026, instituted

                   under Section 30(a) of the Bihar Prohibition & Excise Act.

                                3. As per the prosecution case, there is recovery of 63

                   litre of foreign liquor from the bamboo clamp situated near the

                   poultry farm of petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this

                   case at the instance of local Chaukidar. Petitioner has no

                   concern with the seized liquor. Recovery of alleged liquor has

                   been made from an open place. Nothing has been recovered

                   from the conscious possession of the petitioner. Petitioner has
              Patna High Court CR. MISC. No.24294 of 2026(2) dt.17-04-2026
                                                          2/2




                        no criminal antecedent. Petitioner undertakes to co-operate in

                        the investigation and trial.

                                     5. Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail.

                                     6. Considering the facts and circumstances of the

                        case, submission of learned counsel for the parties and clean

                        antecedent of the petitioner, in the event of arrest or surrender

                        before the Court below within six weeks from today, the

                        petitioner be released on bail upon furnishing bail bonds of Rs.

                        10,000/- (ten thousand) with two sureties of the like amount

                        each to the satisfaction of learned Exclusive Special Excise

                        Court No. 02-cum- District and Additional Sessions Judge,

                        Vaishaliat Hajipur in connection with Vaishali (Belsar O.P.) P.S.

                        Case No. 91 of 2026, subject to the conditions laid down in

                        Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita

                        (B.N.S.S.), 2023.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T

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