Patna High Court
Pawan Verma @ Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioners subject to conditions and verification of their antecedents.
Summary
The petitioners, Pawan Verma and his son Rinkesh Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case alleging possession of illicit liquor under Sections 30(a)(c)(d), 32, 33 and 41 of the Excise Act. They argued that they have clean antecedents, the seized liquor was found on a field adjacent to their house and not in their conscious possession, and that the only incriminating statement came from the petitioner's wife under police custody, which lacks evidentiary value. The State opposed the bail, contending that the seizure indicated involvement in the offences. The High Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties each, subject to verification of their antecedents by the trial court. The order further stipulated that if any prior criminal case is discovered, the bail would be revoked, otherwise it would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in view of the alleged offences under the Excise Act.
- Whether the circumstances of seizure and the alleged confession of the petitioner's wife justify denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 30(c), 30(d), 32, 33, 41
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- seizure of liquor
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9306 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- BAKHARI District- Begusarai
======================================================
1. Pawan Verma @ Pawan Kumar S/o Siyaram Verma @ Siyaram Mahto
Resident of Village- Bagwan, P.S.- Bakhri, Dist.- Begusarai
2. Rinkesh Kumar S/o Pawan Verma @ Pawan Kumar Resident of Village-
Bagwan, P.S.- Bakhri, Dist.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey
For the Opposite Party/s : Mr.Nand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-03-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 30(a)(c)(d), 32, 33 and 41 of the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and the
allegation is of recovery of 9.9 litres of liquor from a chilly field
near hut of the petitioners, 02 litres of liquor medicine along
with 25 litres of spirit along with other articles including empty
bottles and a motorcycle were seized.
4. The learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.9306 of 2026(3) dt.16-03-2026
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petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and even alleged
recovery is from a place, which does not belong to the
petitioner, but then, is adjacent to their house and they came to
be implicated based on disclosure made by Chaukidar, but then,
it is submitted that if Chaukidar was aware of the involvement
of the petitioners in the occurrence, then why he did not inform
the police prior to institution of the present F.I.R., which casts
an aspersion on the case of the prosecution, when admittedly
petitioners are persons with clean antecedent. It is also
submitted that wife of petitioner no.1 was arrested and she was
made to confess the name of the petitioners in police custody,
which does not have any evidentiary value.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.500/- (Rupees Five Hundred) each with two
sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.9306 of 2026(3) dt.16-03-2026
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Trial Court where the case is pending/ successor Court in
connection with Bakhri P. S. Case No.02 of 2026, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioners have antecedent of even one case,
then it would be presumed that petitioners for the purposes of
obtaining anticipatory bail had concealed their antecedent
before this Court, in that event, the present provisional
anticipatory bail order shall not be confirmed, but if on
verification, it is found that petitioners are persons with clean
antecedent, in that event, the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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