Patna High Court
Pawan Tiwary @ Pawan TiwariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to conditions and verification of antecedents.
Summary
Petitioner Pawan Tiwary was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 17 litres of liquor recovered from his motorcycle. He argued that he had a clean antecedent, was not in actual possession, and that the vehicle was misused by others without his knowledge. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds and two sureties, subject to verification of the petitioner’s criminal antecedents. If the petitioner is found to have a clean record, the bail will be confirmed; otherwise, it will not be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act.
- Whether the petitioner’s alleged lack of possession and clean antecedent justify bail.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- clean antecedent
- motor vehicle misuse
- liquor possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24577 of 2026
Arising Out of PS. Case No.-99 Year-2024 Thana- Bahoranpur District- Bhojpur
======================================================
Pawan Tiwary @ Pawan Tiwari S/O Vijay Tiwari R/O Village- Bariswan, P.S-
Shahpur, Distt.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bibhakar Tiwary
For the Opposite Party/s : Mr. Parmanand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-04-2026 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 is a person with clean antecedent and allegation is of
recovery of 17 litres of liquor from a motorcycle. It is next
submitted that petitioner was not arrested from the spot as such
nothing was recovered from his conscious possession and he
came to be implicated based on the fact that he is owner of the
motorcycle. It is next submitted that no prudent person would
use his own vehicle for committing an occurrence and thus
would create evidence against himself and hence would get
Patna High Court CR. MISC. No.24577 of 2026(2) dt.20-04-2026
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implicated. It is further submitted that the petitioner was
completely unaware that Mithilesh and Chatthu would misuse
his vehicle in the manner as alleged, who were also
apprehended from the spot.
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 within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.500/- (Rupees five hundred) 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 Bahoranpur P.S. Case No.99/2024, 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 even one
case, 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
Patna High Court CR. MISC. No.24577 of 2026(2) dt.20-04-2026
3/3
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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