Patna High Court
Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioners, subject to bond and surety conditions.
Summary
The petitioners, Pawan Kumar and Vijay Kumar, who are drivers of two auto‑rickshaws, were arrested on 04‑12‑2025 after 325.80 litres of liquor was recovered from the vehicles and were charged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. They contended that they had no knowledge of the liquor, were not the owners of the rickshaws, and that no incriminating material was found in their personal possession. The petitioners also argued that they have no prior criminal record and that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering the lack of direct evidence, the petitioners’ clean record, and the procedural lapse, the Court inclined to grant bail. The bail was ordered on the condition of a Rs.15,000 bond per petitioner, two sureties, a family member as bailor, and mandatory appearance at every trial date, with the possibility of cancellation on default.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.
- Whether the absence of direct possession and knowledge of the liquor justifies bail.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- liquor possession
- driver
- criminal procedure
- Section 103 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6403 of 2026
Arising Out of PS. Case No.-340 Year-2025 Thana- DURAULI District- Siwan
======================================================
1. Pawan Kumar Son of Manik chand Manjhi Resident of village- Sarnath
Chak, PS- Dariyapur, Dist- Saran
2. Vijay Kumar Son of Late Jinan Rai @ Jivanandan Ray Resident of village-
Kewatiya, Ps- Dariyapur, Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Anupam, Advocate
For the Opposite Party/s : Mrs. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with Darauli
P.S. Case No. 340 of 2025, instituted for the offences punishable
under Sections 30(a) and 41(1) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 325.80 liters
liquor was recovered from two auto rickshaws and both the
petitioners were arrested on spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioners have
Patna High Court CR. MISC. No.6403 of 2026(2) dt.02-02-2026
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got no concern with the alleged recovery of liquor. Learned
counsel for the petitioners also submitted that the petitioners are
not the owner of the auto rickshaws rather they are driver of
those vehicles and have got no knowledge with regard to the
nature of goods loaded in the vehicle in question. The
petitioners are in custody since 04.12.2025 and have got no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Darauli P.S. Case
No. 340 of 2025, subject to the following conditions;
(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners shall appear on each and every
date fixed at the trial. In case of default in such appearance on
Patna High Court CR. MISC. No.6403 of 2026(2) dt.02-02-2026
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two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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