Patna High Court
Pawan Kumar @ Pawan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner subject to statutory conditions.
Summary
Pawan Kumar was implicated in a case (Fatuha PS Case No.892 of 2019) under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 65 litres of Mahua liquor from the bank of the Punpun River. The petitioner argued that no liquor was found in his conscious possession and that the accusation stemmed from hostile locals. The State opposed the bail application. The Court considered the facts, the lack of direct possession, and the statutory provisions governing bail. It ordered that the petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The application for bail was allowed.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act when the alleged contraband was not found in his possession.
- Whether the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are appropriate for the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition and excise
- Mahua liquor
- Section 30
- Section 482
- criminal procedure
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32653 of 2026
Arising Out of PS. Case No.-892 Year-2019 Thana- FATUA District- Patna
======================================================
Pawan Kumar @ Pawan Singh, aged about 30 years, Gender-Male, S/o
Shivratan Prasad @ Shivratan Yadav @ Shiv Ratan Singh, R/o Village-
Bhagwanpur (Devarsoukhi), P.S. - Panchrukhiya and Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with
Fatuha PS Case No.892 of 2019 dated 21.12.2019, instituted
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The allegation is of recovery of 65 lites Mahua
liquor from the bank of Punpun River.
4. Learned counsel for the petitioner submits that
nothing has been recovered from the conscious possession of
the petitioner. The recovery has been made from the bank of
Punpun River. Further submission is that the name of the
petitioner has been disclosed by the local people, who are
inimical to the petitioner. Lastly, it is submitted that four
Patna High Court CR. MISC. No.32653 of 2026(2) dt.13-05-2026
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criminal cases are pending against the petitioner.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioner be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Special Judge, Excise, Patna City, Patna, in Fatuha PS Case
No.892 of 2019, subject to the conditions laid down in Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and
further (i) that the petitioner shall co-operate in the trial and
shall be properly represented on each and every date fixed 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) that one of the bailors will be his own blood relation,
preferably father, mother, brother, sister and or his wife, (iii) that
the bailor shall also state on affidavit that he will inform the
court concerned if the petitioner is made accused in any other
case of similar nature after his release in the present case and
thereafter the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of misuse, (iv)
Patna High Court CR. MISC. No.32653 of 2026(2) dt.13-05-2026
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that 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, and (v) that the petitioner within two weeks
from the date of his furnishing bail bonds shall appear before
the SHO of his local area along with a copy of this order and
thereafter shall appear before him every fortnightly to mark his
attendance till the conclusion of the trial.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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