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Patna High Court

Pawan Kumar @ Pawan RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to bond, sureties and verification of antecedent.

Summary

The petitioner, Pawan Kumar, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for allegedly recovering 12 litres of liquor from a field belonging to Raj Kumar. He argued he has a clean antecedent, the liquor was not in his possession, and the complaint was filed by a watchman (chowkidar) with whom he has a hostile relationship, raising doubts about the prosecution's case. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 and two sureties, subject to verification of the petitioner’s criminal antecedent by the trial court. If any prior case is found, the bail may be revoked; otherwise, the provisional bail will be confirmed. The order was pronounced by Justice Satyavrat Verma.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the circumstances, including lack of possession and alleged hostile informant, justify granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Section 30
  • clean antecedent
  • provisional bail
  • Bihar Excise Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25729 of 2026
                  Arising Out of PS. Case No.-37 Year-2026 Thana- SARAI RANJAN District- Samastipur
                 ======================================================
                 Pawan Kumar @ Pawan Rai S/o Kamlesh Rai Resident of Village- Naua
                 Chak, ward no. 06, Bhagwatpur, P.S.- Sarairanjan, Dist.- Samastipur, Bihar,
                 India

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Manish Kumar
                 For the Opposite Party/s :      Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   25-06-2026               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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 12 litres of liquor from a place near a jackfruit tree

                   in the field of Raj Kumar.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.25729 of 2026(3) dt.25-06-2026
                                            2/3




          and is accessible to villagers at large and           he came to be

          implicated at the instance of Chowkidar with whom he is on an

          inimical term. It is next submitted that if Chowkidar was aware

          about the involvement of 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.

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

          anticipatory bail of the petitioner.

                   6.     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 Sarairanjan P.S. Case No. 37 of 2026, subject to

          the conditions as laid down under Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this
              Patna High Court CR. MISC. No.25729 of 2026(3) dt.25-06-2026
                                                          3/3




                        Court, as such, the provisional anticipatory bail order shall not be

                        confirmed, but after verification if 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)
Sumit/-

U         T


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