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Patna High Court

Pawan Sao @ Pawan SahversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the CrPC.

Summary

The petitioner sought anticipatory bail after the police recovered 23 litres of illicit country-made liquor from his e‑rickshaw in Ghoswari, Patna, and arrested three co‑accused. The petitioner argued he was not named in the FIR, was not present at the scene, and merely owned the vehicle which was misused by the co‑accused, asserting his innocence and clean antecedent. The State opposed bail, contending that ownership of the vehicle from which the liquor was seized made the petitioner liable. The court considered the petitioner’s lack of presence at the occurrence, his clean record, and the circumstances of the seizure. It granted anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the CrPC, directing compliance with the Exclusive Special Judge, Excise, Barh, Patna. The application was allowed.

Issues considered

  • Whether the owner of a vehicle from which illicit liquor is recovered can be granted anticipatory bail under the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s absence from the scene and clean antecedent justify anticipatory bail despite ownership of the vehicle.
  • Whether the petitioner’s non‑inclusion in the FIR precludes liability.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • vehicle ownership
  • Criminal Procedure Code
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8807 of 2026
                       Arising Out of PS. Case No.-67 Year-2025 Thana- GHOSWARI District- Patna
                 ======================================================
                 Pawan Sao @ Pawan Sah S/o- Mishri Sao Village- Sakarwar Tola, Ward No-
                 15 PS- Mokama Distt- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr. Akbar Ali, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   18-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                    2. The petitioner is apprehending his arrest in

                   connection with Ghoswari P.S. Case No. 67 of 2025 registered

                   for the offences punishable under Section 30(a) of he Bihar

                   Prohibition and Excise Act.

                                    3. As per prosecution case, 23 litre illicit country

                   made liquor was recovered from the E-rickshaw in question and

                   co-accused namely, Rahul Kumar, Nitish Kumar and Nishant

                   Kumar were apprehended on the spot.

                                    4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence as alleged

                   in the FIR and he has falsely been implicated in this case. He

                   further submits that petitioner is not named in FIR. During the
Patna High Court CR. MISC. No.8807 of 2026(2) dt.18-02-2026
                                            2/3




          course of investigation, the name of the petitioner has been

          transpired in this case as the owner of the seized vehicle in

          question. He further submits that petitioner is not in any way

          connected with the alleged occurrence. Petitioner was not found

          at the place of occurrence. He further submits that petitioner has

          given his E-rickshaw to the apprehended co-accused Rahul

          Kumar and he has misused the said vehicle in question.

          Petitioner has no knowledge regarding the carrying of illicit

          liquor on the alleged date of occurrence. In the light of the

          aforesaid facts and circumstances of the case, no case is made

          out against the petitioner under the provisions of Bihar

          Prohibition and Excise Act. Petitioner bears no criminal

          antecedent.

                          5. The learned A.P.P. for the State opposes the

          prayer for anticipatory bail of the petitioner by submitting that

          petitioner is the owner of the said vehicle in question from

          which 23 litre illicit country made liquor was recovered. Hence,

          petitioner does not deserve anticipatory bail.

                          6. Considering the facts and circumstances of the

          case, petitioner was not found at the place of occurrence,

          keeping in view clean antecedent of petitioner,         argument

          advanced on behalf of both sides and also taking into
             Patna High Court CR. MISC. No.8807 of 2026(2) dt.18-02-2026
                                                         3/3




                       consideration the material available on record, the petitioner

                       above-named, in the event of his arrest or surrender before the

                       learned trial court within a period of six weeks from today, be

                       released on anticipatory bail on furnishing bail bond of Rs.

                       10,000/- (rupees ten thousand) with two sureties of the like

                       amount each to the satisfaction of learned Exclusive Special

                       Judge Excise, Barh, Patna in connection with Ghoswari P.S.

                       Case No. 67 of 2025, subject to the conditions as laid down

                       under Section 482 (2)of BNSS.

                                    7. The application stands allowed.



                                               (Alok Kumar Pandey, J)
alok/-

U        T


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