Pawan Kumar @ Pawan PrasadversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31505 of 2026
                       Arising Out of PS. Case No.-127 Year-2026 Thana- RIVILGANJ District- Saran
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                 Pawan Kumar @ Pawan Prasad S/o Late Chunchun Prasad R/O Village-
                 Daulatganj, P.S- Bhagwan Bazar, Dist.-Saran
                                                                     ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                              ... ... Opposite Party
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                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjeet Kumar Singh
                 For the Opposite Party/s :        Ms. Suman Kumari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   07-05-2026                       Heard Mr. Sanjeet Kumar Singh, learned counsel

                   for the petitioner and Ms. Suman Kumari Singh, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   01.03.2026 in connection with Revilganj P.S. Case No. 127 of

                   2026 for the offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Amendment Act.

                               3. The case of the prosecution, in brief is that that the

                   police received a secret information that some persons were

                   selling illicit country made liquor in Diara area at village Diliya

                   Rahimpur, acting upon that information police reached on the

                   spot. In the meantime, six Persons were started to flee away

                   from there upon seeing the police party. After chase, three

                   persons were apprehended on the spot and three persons were

                   succeeded to flee away from the spot. Upon searching the said

                   place, Police recovered 300 litres country made liquor from the

                   conscious possession of petitioner which was duly seized.
Patna High Court CR. MISC. No.31505 of 2026(2) dt.07-05-2026
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          Thereafter, police seized the illicit liquor and prepared seizure-

          list in presence of two witnesses from the raiding party.

                      4.    Learned counsel for the petitioner submits that

          petitioner has clean antecedent and the petitioner has been made

          an accused in the present case on the basis of suspicion. Learned

          counsel for the petitioner next submits that it appears from the

          FIR and seizure list that nothing has been recovered from

          village Diliya Rahimpur, Diara area. Learned counsel for the

          petitioner next submits that co-accused person, namely, Niraj

          Kumar Sah has been granted bail by a Coordinate Bench of this

          Court vide order dated 15.04.2026 passed in Cr. Misc. No.

          24242 of 2026 and another co-accused person, namely, Deepak

          Kumar has been granted bail by a Coordinate Bench of this

          Court vide order dated 16.04.2026 passed in Cr. Misc. No.

          25459 of 2026 and petitioner is in custody since 01.03.2026.

                      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         2 nd

          Exclusive Special Excise Judge, Saran at Chapra in connection
           Patna High Court CR. MISC. No.31505 of 2026(2) dt.07-05-2026
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                     with Revilganj P.S. Case No. 127 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

                     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