Patna High Court
Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to specified conditions.
Summary
Petitioner Pawan Kumar was arrested on 3 April 2026 for alleged sale of illegal liquor, with 53.620 litres of foreign liquor seized from his house. He was charged under Sections 30(a) and 62 of the Bihar Prohibition and Excise Act. The petitioner argued that he had a clean antecedent, that the liquor was not in his conscious possession and that the seizure violated mandatory provisions of Sections 103 and 105 of the BNSS, 2023. The State opposed bail. The High Court, after considering the facts and the alleged procedural lapses, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to a person accused of offences under Sections 30(a) and 62 of the Bihar Prohibition and Excise Act.
- Whether alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023, warrants denial of bail.
- Whether seizure of liquor from a joint house, without proof of conscious possession, affects the bail decision.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise law
- illegal liquor
- seizure
- procedural compliance
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29568 of 2026
Arising Out of PS. Case No.-89 Year-2026 Thana- Bikramganj Excise District- Rohtas
======================================================
Pawan Kumar S/o Om Prakash Sah R/o Village - Dawath Bazar, Ward no. 10,
P.S. - Dawath, Dist. - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh
For the Opposite Party/s : Mr. Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
03.04.2026 in connection with Excise Bikramganj P.S. Case No.
89 of 2026 for the offences punishable under Sections 30(a) and
62 of the Bihar Prohibition and Excise Act.
3. The case of the prosecution, in brief, is that the
informant got secret information on 02.04.2026 that the
petitioner is selling illegal liquor in his house thereafter the
informant and others police were reached the house of the
petitioner at about 7 PM and thereafter search was made in the
house of the petitioner and they recovered 53.620 litters of illicit
foreign liquor.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.29568 of 2026(2) dt.04-05-2026
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petitioner has clean antecedent. It is next submitted that it
appears from the FIR and seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
the recovery has been made from the joint house of the
petitioner. It is next submitted that from perusal of the seizure
list it appears that the seizure list witnesses are police personnel
so there is non-compliance of mandatory provisions of Sections
103 and 105 of BNSS, 2023 and petitioner is in custody since
03.04.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Judge, Excise Court No. 1, Rohtas at Sasaram in
connection with Excise Bikramganj P.S. Case No. 89 of 2026,
subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.29568 of 2026(2) dt.04-05-2026
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reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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