Patna High Court
Pradeep TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to the stipulated conditions.
Summary
Petitioner Pradeep Tiwari was arrested in Siwan on suspicion of possessing 261 litres of liquor, alleged under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. He contended that he was merely the vehicle owner, that no incriminating material was found in his possession, and that the police had falsely implicated him, also noting non‑compliance with Section 103 of the B.N.S.S., 2023. The State opposed bail, arguing the seriousness of the offence. The High Court, considering the length of custody, the petitioner’s single prior criminal antecedent, and the lack of direct evidence, decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties (one a close family member) and a requirement to appear at every trial date, with cancellation possible on two consecutive defaults.
Issues considered
- Whether bail should be granted to the accused in a case of alleged liquor possession under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance with Section 103 of the B.N.S.S., 2023, affects the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 47
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- excise
- liquor possession
- Bihar Prohibition and Excise Act
- criminal procedure
- Section 103 compliance
- surety
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9065 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- Excise P.S. District- Siwan
======================================================
Pradeep Tiwari S/o Late Nandkishor Tiwari Resident of Village- Papaur
Marai Tola (Papaur), P.S.- Sarai O.P., District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satyendra Rai, Advocate
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Siwan Excise P.S. case
No. 15 of 2026 instituted for the offences under Sections 30(a)
and 47 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 261 liters
liquor was recovered from car and the petitioner was arrested
on spot.
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. It is
Patna High Court CR. MISC. No.9065 of 2026(2) dt.12-02-2026
2/3
further submitted that the name of the petitioner has transpired
as being owner of the vehicle in question. The petitioner has
been falsely implicated by the police with ulterior motive. The
petitioner is in custody since 07.01.2026 and has got one
criminal antecedent. There is no compliance of Section 103 of
B.N.S.S., 2023.
5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Siwan Excise P.S. case No. 15 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
consecutive dates, the Trial Court will have liberty to cancel the
Patna High Court CR. MISC. No.9065 of 2026(2) dt.12-02-2026
3/3
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.