Patna High Court
PawanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
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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