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Patna High Court

PawanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner on a bond of Rs.10,000 with two sureties, subject to specified conditions.

Summary

Petitioner Pawan, a driver of an ambulance, was arrested on 18 April 2026 in connection with the seizure of 134.640 litres of foreign liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He contended that he had no conscious possession of the liquor and was falsely implicated merely because he was the driver of the vehicle bearing registration UP12CT1693. The Additional Public Prosecutor opposed bail. The Court considered the petitioner’s clean antecedent, the circumstances of the seizure, and the fact that the liquor was not found in his personal control. It ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to conditions regarding family surety, cooperation with trial, presence in court, non‑tampering with evidence, and verification of criminal antecedent. The bail order was directed to be implemented by the Exclusive Special Judge Excise, Excise Court No.II, Bhojpur.

Issues considered

  • What is the appropriateness of granting bail to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 given the facts of seizure and alleged lack of conscious possession?

Legislation cited

Subjects

  • bail
  • excise law
  • liquor seizure
  • Section 30(a)
  • false implication
  • driver
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36663 of 2026
                       Arising Out of PS. Case No.-86 Year-2026 Thana- Excise P.S. District- Bhojpur
                 ======================================================
                 Pawan S/O Joginder @ Jagmendar Resident of village - Nilothi, P.s -
                 Bahadurgarh ,District- Jhajjar, State - Haryana Pin 124404

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Shyameshwar Kumar Singh, Advocate
                 For the Opposite Party/s :         Ms. Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-06-2026                         Heard Mr. Shyameshwar 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

                   18.04.2026 in connection with Excise Ara P.S. Case No. 86 of

                   2026, F.I.R. dated 17.04.2026 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

                               3. Recovery is of 134.640 liters of Indian made foreign

                   liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. He further submits that it appears

                   from the F.I.R. as well as seizure list that nothing has been

                   recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.36663 of 2026(2) dt.15-06-2026
                                            2/3




          the recovery has been made from an ambulance bearing

          registration no. UP12CT1693 and the petitioner has been made

          accused merely on the basis that he is the driver of the vehicle in

          question and seizure list witnesses are excise constables. He

          further submits that the petitioner is in custody since

          18.04.2026.

                      5. The learned Additional Public Prosecutor 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, Excise Court No.II, Bhojpur, Ara in

          connection with Excise Ara P.S. Case No. 86 of 2026, subject to

          the following conditions:-

                       i. One of the bailor shall be close family member of

          the petitioner (father or mother).

                        ii. 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.
            Patna High Court CR. MISC. No.36663 of 2026(2) dt.15-06-2026
                                                        3/3




                                    iii. 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.

                                   iv. 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)
Suruchi/-

U      T


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