Patna High Court
Pawan Safi @ Pawan Kumar Safi @ Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, directing provisional bail bonds and conditions under Section 438(2) CrPC.
Summary
Petitioner Pawan Safi applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with offences under Sections 30(a), 31(1) and 31(2) of the Excise Act, alleging that he was not arrested at the scene and had no conscious possession of the seized liquor. The petitioner argued that the case was based on the testimony of a watchman and that he had previously been implicated in similar excise cases, but claimed no concealment of his antecedent. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.55,000 with two sureties, subject to verification of his criminal antecedent and compliance with Section 438(2) CrPC. The order also required the petitioner to deposit Rs.10,000 with the Lawyers’ Association. The anticipatory bail was granted conditionally, with the proviso that if more than eleven prior cases are found, the bail would not be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged excise offences.
- Whether the petitioner’s alleged concealment of prior criminal cases affects the grant of anticipatory bail.
- Whether the absence of arrest or conscious possession at the time of seizure justifies anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 31(1), 31(2)
Subjects
- anticipatory bail
- Excise Act
- Section 438 CrPC
- bail bond
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6348 of 2026
Arising Out of PS. Case No.-283 Year-2025 Thana- PANDAUL District- Madhubani
======================================================
Pawan Safi @ Pawan Kumar Safi @ Pawan Kumar S/o Late Bachai Safi R/o
Village- Budhan Jha Tole Pandaul, PS- Pandaul, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Ranjan
For the Opposite Party/s : Ms.Madhuri Lata
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 1. Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in a case registered for the offences punishable under Sections
30(a), 31(1) and 31(2) of the Excise Act.
3. The learned counsel for the petitioner submits that
inadvertently at Para-3, it has been pleaded that petitioner has
antecedent ten cases when petitioner has eleven cases under the
Excise Act as would manifest from the supplementary affidavit
and allegation is of recovery of 3062.52 litres of liquor from two
Scorpio vehicle.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
Patna High Court CR. MISC. No.6348 of 2026(2) dt.04-02-2026
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any of the seized vehicle and he came to be implicated at the
instance of Chaukidar, but then, it is submitted that if Chaukidar
was aware of the involvement of the petitioners in the occurrence,
then why he did not inform the police prior to institution of the
present F.I.R., which casts an aspersion on the case of the
prosecution. It is next submitted that police in majority of cases
implicating innocent persons either at the behest of Chaukidar,
local person, secret information and confessional statement in a
mechanical manner without holding a proper investigation. It is
next submitted that petitioner in similar manner came to be
implicated earlier also in cases relating to Excise.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the event
of his arrest or surrender before the learned Court below within a
period of six weeks, is directed to be released on provisional
anticipatory bail on his furnishing bail-bonds in the sum of
Rs.55,000/- (Rupees Fifty Five Thousand) with two sureties of the
like amount each to the satisfaction of the learned Trial Court
where the case is pending/successor Court in connection with
Pandaul P. S. Case No.283 of 2025, subject to the conditions laid
down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.6348 of 2026(2) dt.04-02-2026
3/3
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than eleven cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found that
petitioner has antecedent of eleven cases only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
9. At this stage, the learned counsel appearing on behalf
of the petitioner based on instruction submits that petitioner
undertakes to deposit an amount of Rs.10,000/- with Lawyers’
Association, Patna High Court, Patna within a period of two weeks
from today.
(Satyavrat Verma, J)
vikash/-
U T
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