Patna High Court
Pawan Kumar @ PawniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail may be granted in the absence of material linking the accused to the recovered liquor and despite prior antecedents, provided the accused furnishes the prescribed bail bond and complies with the stipulated conditions.
Summary
The petitioner, Pawan Kumar, was arrested in connection with a case alleging possession of 50 litres of liquor recovered from his motorcycle, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he had no knowledge of the goods and that no incriminating material was found in his conscious possession. The State opposed bail, while the petitioner’s counsel highlighted the lack of on‑spot arrest, the petitioner’s four prior criminal antecedents, and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering the circumstances and the period of custody, the High Court inclined to grant bail, subject to a bond of Rs.15,000 with two sureties and specific conditions regarding appearance and future conduct. The order directed release on bail after framing of charge, if not already done, and stipulated cancellation of bail upon default or repeat offence.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30(a)
- Section 103
- prior antecedents
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90045 of 2025
Arising Out of PS. Case No.-450 Year-2025 Thana- GAURICHAK District- Patna
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Pawan Kumar @ Pawni son of Shivratan Prasad @ Shivratan Rai Resident of
Village- Bhagwanpur (Devarsoukhi) PS -Panchrukhiya Distt -Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate
Mr. Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Gaurichak P.S. Case No. 450 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 50 liters
liquor was recovered from motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.90045 of 2025(2) dt.19-01-2026
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for the petitioner also submits that the petitioner was not
arrested on spot. Name of the petitioner has transpired in this
case as being owner of the motorcycle in question and he has
got no knowledge with regard to the nature of goods carried in
his vehicle. The petitioner is in custody since 22.11.2025 and
has got four criminal antecedents. 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 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 after framing
of charge, if not already framed, 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 Gaurichak P.S. Case No. 450 of 2025,
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.90045 of 2025(2) dt.19-01-2026
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner is found involved in similar
nature of offence in future, the Trial Court will have the liberty
to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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