Patna High Court
Pawandev Yadav @ Pawan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Petitioner Pawandev Yadav was arrested on 8 March 2026 in connection with a case alleging possession of 67.2 litres of Nepali liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The petitioner contended that the liquor was seized from a house that is joint family property and that the seizure was effected by police officers without complying with Sections 103 and 105 of the Bihar Narcotic Substances (BNSS) Act, 2023. The State opposed bail, noting the seriousness of the offence and that the petitioner has another similar case pending, although he is on bail in that matter. The Court examined the procedural deficiencies alleged and the petitioner’s right to bail, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents. The order directed the lower court to release the petitioner on bail while the trial proceeds.
Issues considered
- Whether bail should be granted to the petitioner despite the alleged violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the seizure of the liquor complied with the procedural requirements of Sections 103 and 105 of the BNSS Act, 2023.
- Whether the existence of another pending case of similar nature affects the grant of bail.
Subjects
- bail
- prohibition law
- excise
- joint family property
- seizure
- procedural compliance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30549 of 2026
Arising Out of PS. Case No.-35 Year-2026 Thana- KURSAKANTA District- Araria
======================================================
Pawandev Yadav @ Pawan Yadav S/o- Late Nunu Lal Yadav R/v- Kalhuwa
W.No-14, Ps- Kursakanta Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramesh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Shyam Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 05-05-2026 Heard Mr.Ramesh Kumar Singh, learned counsel for
the petitioner and Mr.Shyam Kumar Singh, learned A.P.P. for
the State.
2. The petitioner seeks bail, who is in custody since
08.03.2026 in connection with Kursakanta P.S. Case No. 35 of
2026, F.I.R. dated 02.03.2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act, 2022.
3. Recovery is of 67.2 liters of Nepali liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner it appears from the FIR as well as the
seizure list that altogether 67.2 liters of Nepali liquor was
recovered for the house of the petitioner. Further submits that
the petitioner is not the exclusive owner of the house in question
Patna High Court CR. MISC. No.30549 of 2026(2) dt.05-05-2026
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rather the house in question is the joint family property of the
petitioner. It appears from the seizure list that the seizure list
witnesses are police personnel so there is non-compliance of
Sections 103 and 105 of BNSS, 2023 and the petitioner is in
custody since 08.03.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the recovery has been
made from the house of the petitioner, apart from that, the
petitioner carries one more case other than the present one of
similar nature but he fairly submits that the petitioner is on bail
in the said case, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, 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 learned Dist. & Addl. Sessions Judge
cum Exclusive Spl. Excise Court- II, Araria in connection with
Kursakanta P.S. Case No. 35 of 2026,with 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/her absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.30549 of 2026(2) dt.05-05-2026
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reason, his/her 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)
Nitesh/-
U T
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