Patna High Court
Pawan Kumar @ Pawan Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioners, directing them to furnish a bond of Rs 10,000 each with two sureties.
Summary
Petitioners Pawan Kumar and Shubham Kumar were arrested in connection with Gopalganj Excise P.S. Case No. 147 of 2026 for alleged possession of 184.320 litres of illicit foreign liquor, an offence under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. They contended that they were merely a driver and a co‑passenger, had no knowledge of the liquor, and that the seizure was not made in compliance with Section 105 of the Bihar Narcotic Substances Act. The State opposed bail, highlighting a prior criminal case against petitioner 1. After hearing both sides, the Patna High Court held that bail should be granted, directing the petitioners to furnish a bail bond of Rs 10,000 each with two sureties, subject to the satisfaction of the Exclusive Special Excise‑II officer. The petition for bail was therefore disposed in favour of the petitioners.
Issues considered
- Whether bail should be granted to persons accused under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Section 105 of the Bihar Narcotic Substances Act in the seizure affects the bail application.
- Whether the prior criminal antecedent of petitioner 1 precludes the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Bihar Prohibition and Excise Act — s. 30(a), 32
Subjects
- bail
- excise
- illicit liquor
- seizure
- Section 105
- criminal antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29129 of 2026
Arising Out of PS. Case No.-147 Year-2026 Thana- Excise P.S. District- Gopalganj
======================================================
1. Pawan Kumar @ Pawan Kumar Gupta S/o Late Ramashish Prasad Resident
of Mohalla- New Area Ashok Nagar, Kumharar, P.S.- Agamkaunwa,
District- Patna,
2. Shubham Kumar S/o Nagendra Prasad Resident of Mohalla- New Area
Ashok Nagar, Kumharar, P.S.- Agamkaunwa, District- Patna,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar, Advocate.
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 22-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Gopalganj Excise P.S. Case No. 147 of 2026 registered for the
offence punishable under Sections 30(a) and 32 of the Bihar
Prohibition and Excise Act.
3. The case of the prosecution, in short, is that from a
car, altogether 184.320 liters of illicit foreign liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioners have submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. He also submits that petitioner no. 1 is the driver and
petitioner no. 2 is the co-passenger in the said car. He further
Patna High Court CR. MISC. No.29129 of 2026(3) dt.22-06-2026
2/2
submits that nothing has been recovered from the possession of
these petitioners. The witnesses of the seizure list are police
personnel and the police has not complied with Section 105 of the
BNSS while making the seizure. He further submits that the
petitioners are unaware of the alleged liquor kept in the said car.
Moreover, the petitioners are languishing in judicial custody since
16.02.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner no. 1 is having
criminal antecedent of one case whereas petitioner no. 2 has got
no criminal antecedent.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Excise-II, Gopalganj in connection with
Gopalganj Excise P.S. Case No. 147 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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