Pawan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29568 of 2026 Arising Out of PS. Case No.-89 Year-2026 Thana- Bikramganj Excise District- Rohtas ====================================================== Pawan Kumar S/o Om Prakash Sah R/o Village - Dawath Bazar, Ward no. 10, P.S. - Dawath, Dist. - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Singh For the Opposite Party/s :
Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 03.04.2026 in connection with Excise Bikramganj P.S. Case No. 89 of 2026 for the offences punishable under Sections 30(a) and 62 of the Bihar Prohibition and Excise Act.
3. The case of the prosecution, in brief, is that the informant got secret information on 02.04.2026 that the petitioner is selling illegal liquor in his house thereafter the informant and others police were reached the house of the petitioner at about 7 PM and thereafter search was made in the house of the petitioner and they recovered 53.620 litters of illicit foreign liquor.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.29568 of 2026(2) dt.04-05-2026 2/3 petitioner has clean antecedent. It is next submitted that it appears from the FIR and seizure list that nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from the joint house of the petitioner. It is next submitted that from perusal of the seizure list it appears that the seizure list witnesses are police personnel so there is non-compliance of mandatory provisions of Sections 103 and 105 of BNSS, 2023 and petitioner is in custody since 03.04.2026.
5. The learned Additional Public Prosecutor for State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, 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 Court No. 1, Rohtas at Sasaram in connection with Excise Bikramganj P.S. Case No. 89 of 2026, subject to the following conditions:- i. Petitioner 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 his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.29568 of 2026(2) dt.04-05-2026 3/3 reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the 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 petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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) Gaurav Sinha/- U T