Patna High Court
Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, Pawan Kumar, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 17.5 litres of liquor recovered from a husk house adjacent to his residence. He argued that the liquor was not in his conscious possession, that the husk house is a public area, and that he has a clean criminal record, suggesting the allegation was a ploy by an adversary to implicate him. The State opposed the bail, contending that the offence is non‑bailable. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of a modest bail bond and two sureties, subject to verification of the petitioner’s antecedent by the trial court. The order further stipulated that if any prior case is discovered, the bail would be revoked, but if the petitioner is found to have a clean record, the bail would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the alleged recovery of liquor from a husk house constitutes possession sufficient to deny bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- clean antecedent
- liquor seizure
- husk house
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91790 of 2025
Arising Out of PS. Case No.-313 Year-2025 Thana- PIPRAKOTHI District- East Champaran
======================================================
Pawan Kumar S/O Sudarshan Yadav @ Sudharshan Ray Resident of Village-
Bathana, Ward No. 05, P.S.- Piprakothi, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Prasad
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 17.500 litres of liquor from husk house of the
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and the husk house is
a place outside the house and thus is accessible to public at
large. It is next submitted that no prudent person would use his
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own premises for committing an occurrence and thus would
create evidence against himself and hence would get implicated.
It is also submitted that it appears that someone inimical to the
family members concealed meagre amount of liquor with an
intention to implicate petitioner and his family members.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, 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
Provisional anticipatory bail on furnishing bail bonds of Rs.
500/- (Rupees Five Hundred) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with
Piprakothi P.S. Case No. 313 of 2025, subject to the conditions
as laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
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confirmed, but after verification if it is found that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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