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Patna High Court

Pawan Singh @ Pawan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner with conditions under Section 480(3) of the BNSS.

Summary

The petitioner, Pawan Singh, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for allegedly transporting 192 litres of illicit Mahua liquor. Police intercepted a vehicle, recovered the liquor, and the driver identified the petitioner and other co‑accused who fled the scene. The petitioner contended that he was falsely implicated, that no liquor or other incriminating material was recovered from him, and that procedural safeguards under Sections 103 and 105 of the BNSS were violated as there was no audio‑visual recording of the seizure. The State opposed the bail application. Considering the lack of direct recovery, the petitioner’s custody period, and the procedural lapses, the Court ordered his release on bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 480(3) of the BNSS.

Issues considered

  • Whether bail should be granted to the petitioner despite the allegations under the Bihar Prohibition and Excise (Amendment) Act, 2018.
  • Whether the alleged violations of Sections 103 and 105 of the BNSS affect the bail decision.

Legislation cited

  • BNSS — s. 103, 105, 480(3)

Subjects

  • bail
  • illicit liquor
  • prohibition act
  • procedural violation
  • Section 103
  • Section 105
  • Section 480(3)
  • Bihar
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25607 of 2026
                    Arising Out of PS. Case No.-300 Year-2024 Thana- ARA NAWADA District- Bhojpur
                 ======================================================
                 Pawan Singh @ Pawan Kumar Son of Dharmraj Sah @ Dharmaraj Sah
                 Resident of Village- Basara Police Station- Sikarahata District -Bhojpur At
                 Present Resident of Shivganj, Ps- Ara Nagar, Dist- Bhojpur
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Akash Kumar Mishra, Advocate
                 For the Opposite Party/s :      Ms.Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER
2   17-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Ara Nawada P.S. Case No. 300 of 2024,

                   registered for the offences under Sections 30(a) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2018.

                                3. As per the prosecution case, police received secret

                   information about transportation of liquor in a vehicle and the

                   said vehicle was intercepted and two persons started running

                   away from the vehicle and the driver was apprehended.

                   Recovery of 192 litres of country made Mahua liquor was made

                   from the said vehicle. The apprehended coaccused driver named

                   this petitioner and other coaccused who fled away from the

                   vehicle and were involved in trade of illicit liquor.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in this case and nothing

                   incriminating has been recovered from person or possession of
Patna High Court CR. MISC. No.25607 of 2026(2) dt.17-04-2026
                                            2/3




          the petitioner. Petitioner was not apprehended from the spot.

          Petitioner has been dragged in this case merely on the disclosure

          statement of the apprehended accused person namely Vikash

          Kumar with whom petitioner has inimical terms. The petitioner

          and coaccused Vikash Kumar resides in the same locality and in

          order to settle the previous dispute, the petitioner has been

          named for being involved in the present case. There is complete

          violation of Section 103 of the BNSS and no audio/video

          recording of the seizure was done in clear violation of Section

          105 of the BNSS. Coaccused Vikash Kumar has been granted

          regular bail vide order dated 19.06.2024 passed in Cr. Misc. No.

          41846 of 2024 by a learned Single Judge of this Court and the

          case of the petitioner is on much better footing. The petitioner is

          not the owner of the vehicle from which recovery has been

          made and he has got no concern with the seized liquor. The

          petitioner has antecedent of one case in which he is on bail. The

          petitioner is in custody since 26.02.2026.

                       5. Learned APP appearing for the State opposes the

          submission made on behalf of the petitioner.

                       6. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the

          fact that no recovery has been shown from this petitioner and
             Patna High Court CR. MISC. No.25607 of 2026(2) dt.17-04-2026
                                                         3/3




                       also considering his period of custody, the petitioner is directed

                       to be released on bail, on furnishing bail bonds of Rs.10,000/-

                       (Rupees Ten Thousand Only) each with two sureties of the like

                       amount each to the satisfaction of learned Exclusive Special

                       Excise Court 1st, Bhojpur at Ara/concerned court, in connection

                       with Ara Nawada P.S. Case No. 300 of 2024, subject to the

                       condition laid down under Section 480(3) of the BNSS and

                       other following conditions:

                                               (i) One of the bailors will be a close

                                               relative of the petitioner.

                                               (ii) The petitioner will remain present on

                                               each and every date fixed by the court

                                               below, if so required by the learned trial

                                               court.

                                               (iii) In case of absence on three

                                               consecutive dates or in violation of the

                                               terms of the bail, the bail bond of the

                                               petitioner will be liable to be cancelled

                                               by the court concerned.



                                                 (Arun Kumar Jha, J)
Anuradha/-
U     T


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