Patna High CourtCR. MISC./36663/2026bail granted

Pawan v. The State Of Bihar

2026-06-15Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36663 of 2026 Arising Out of PS. Case No.-86 Year-2026 Thana- Excise P.S. District- Bhojpur ====================================================== Pawan S/O Joginder @ Jagmendar Resident of village - Nilothi, P.s - Bahadurgarh ,District- Jhajjar, State - Haryana Pin 124404 ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shyameshwar Kumar Singh, Advocate For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-06-2026 Heard Mr. Shyameshwar Kumar Singh, learned counsel for the petitioner and Ms. Suman Kumari Singh, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 18.04.2026 in connection with Excise Ara P.S. Case No. 86 of 2026, F.I.R. dated 17.04.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Recovery is of 134.640 liters of Indian made foreign liquor.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has 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 recovered from the conscious possession of the petitioner rather

Patna High Court CR. MISC. No.36663 of 2026(2) dt.15-06-2026 2/3 the recovery has been made from an ambulance bearing registration no. UP12CT1693 and the petitioner has been made accused merely on the basis that he is the driver of the vehicle in question and seizure list witnesses are excise constables. He further submits that the petitioner is in custody since 18.04.2026.

5. The learned Additional Public Prosecutor 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, Excise Court No.II, Bhojpur, Ara in connection with Excise Ara P.S. Case No. 86 of 2026, subject to the following conditions:- i. One of the bailor shall be close family member of the petitioner (father or mother).

ii. 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 reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.36663 of 2026(2) dt.15-06-2026 3/3 iii. 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.

iv. 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) Suruchi/- U T