Patna High Court

Pawan Kumar YadavversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Pawan Kumar Yadav, was arrested in connection with the seizure of 405 litres of liquor from a Scorpio vehicle, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was merely the driver, not the owner, and had no knowledge of the contraband, asserting false implication and lack of any incriminating article in his possession. The State opposed bail, while the petitioner highlighted his clean record, custody since 10‑01‑2026, and the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The Court, after considering the circumstances and duration of custody, decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one being a close family member, and the requirement that the petitioner appear at every trial date, with cancellation possible upon two consecutive defaults.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
Whether the petitioner’s role as driver without ownership or knowledge of the seized liquor absolves him from pre‑trial detention.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
liquor seizure
vehicle driver
Section 30
Section 103
criminal procedure
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8260 of 2026
                      Arising Out of PS. Case No.-18 Year-2026 Thana- Excise P.S. District- Madhubani
                 ======================================================
                 Pawan Kumar Yadav Son of Late Shiv Kumar Yadav Resident of Village -
                 Rajnagar Sonwari, P.S. - Rajnagar, District - Madhubani.



                                                                                      ... ... Petitioner/s
                                                         Versus

                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Subhash Kumar Jha, Advocate
                 For the Opposite Party/s :         Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Sadar

                   Excise P.S. Case No. 18 of 2026, G.O. Case No. 94 of 2026

                   instituted for the offences punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 405 litres

                   of liquor was recovered from Scorpio vehicle.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.8260 of 2026(2) dt.10-02-2026
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          possession of the petitioner. Learned counsel further submitted

          that petitioner is not the owner of the vehicle. It is further

          submitted that petitioner is the driver of the vehicle in question

          but he had no knowledge regarding the goods loaded in the

          vehicle. The petitioner is in custody since 10.01.2026 and has no

          criminal antecedent. There is no compliance of Section 103 of

          the Bharatiya Nagarika Suraksha Sanhita, 2023.

                     5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                     6. Considering the aforesaid facts and circumstances of

          the case and the period of custody undergone by the petitioner,

          this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Sadar Excise P.S.

          Case No. 18 of 2026, G.O. Case No. 94 of 2026, subject to the

          following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.8260 of 2026(2) dt.10-02-2026
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                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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