Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16077 of 2026 Arising Out of PS. Case No.-18 Year-2026 Thana- KOILWAR District- Bhojpur ====================================================== 1.

Pawan Kumar S/O Rajpal @ Rajpal singh R/o Vill - Deoria Asguna P.s - Kusait , Distt - Badaun , Uttar Pradesh.

2.

Tanveer S/O Khursid Alam R/O Shekhpura, P.S.- Dehta Kotwali, Dist.- Saharanpur, Uttar Pradesh.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The state of bihar patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saroj Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-03-2026 Heard Mr. Saroj Kumar Choudhary, learned counsel for the petitioners and Mr. Raj Kishor Singh, learned Additional Public Prosecutor for the State.

2. Petitioners seeks bail who is in custody since 22.01.2026 in connection with Koilwar P.S. Case No. 18 of 2026, F.I.R. dated 22.01.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Recovery is of 855 liters of illicit liquor.

4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been

Patna High Court CR. MISC. No.16077 of 2026(2) dt.11-03-2026 2/3 recovered from the conscious possession of the petitioners rather the recovery has been made from pick-up van in question. He further submits that there is non-compliance of Section 103 and 105 of BNSS and the petitioners are in custody since 22.01.2025.

5 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.

6. Considering the aforesaid facts and circumstances, the petitioner have clean antecedent and there is non-compliance of Section 103 and 105 of BNSS, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise, Excise court-II, Bhojpur, Ara in connection with Koilwar P.S. Case No. 18 of 2026, subject to the following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tamper with the evidence or the

Patna High Court CR. MISC. No.16077 of 2026(2) dt.11-03-2026 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Suruchi/- U T