Patna High Court
Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to conditions.
Summary
The petitioner, Pawan Kumar, applied for bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 1,143 litres of illicit liquor. The prosecution alleged that the liquor was recovered from a pickup van, but the petitioner claimed he was merely the driver and had no knowledge of the contraband. He argued that no incriminating material was found in his possession and that he was falsely implicated. The State opposed bail, citing the seriousness of the offence and the petitioner’s prior criminal antecedent. Considering the lack of direct evidence, the period of custody already served, and the non‑compliance of Section 103 of the BNSS, 2023, the Court granted bail subject to a bond of Rs.15,000 with two sureties and conditions of appearance.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts and the non‑compliance of Section 103 of the BNSS, 2023
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- BNSS 2023
- Section 103
- illicit liquor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90991 of 2025
Arising Out of PS. Case No.-39 Year-2025 Thana- PATHAMARI District- Kishanganj
======================================================
Pawan Kumar S/O Ram Narayan Rai Resident of Village- Kharichak Kushar,
Ward No 13, PS- Mahua, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satish Kumar Sinha, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Pathamari PS Case No. 39 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 1143 liters
liquor was recovered from pickup van.
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 submitted
that name of the petitioner has surfaced in this case as being
driver of the vehicle in question and he was oblivious of the fact
Patna High Court CR. MISC. No.90991 of 2025(2) dt.12-01-2026
2/2
that illicit liquor was laden in the vehicle. The petitioner is in
custody since 24.11.2025 and has got one criminal antecedent/s.
There is no compliance of Section 103 of the BNSS, 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 Pathamari PS Case No. 39 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
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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