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Patna High Court

Pawan Kumar @ Pawan Kumar GuptaversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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