Pavan Kumar @ Pawan Patel Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Pavan Kumar @ Pawan Patel Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail in the event of arrest or surrender before the Court below within six weeks, on bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to conditions under Section 482(2) BNSS 2023, to the satisfaction of Exclusive Special Excise Court No. 02-cum-District and Additional Sessions Judge, Vaishali at Hajipur.

Issue for consideration

Whether the petitioner, apprehending arrest in Vaishali (Belsar O.P.) P.S. Case No. 91 of 2026 under Section 30(a) of the Bihar Prohibition & Excise Act, should be granted anticipatory bail.

Court's answer

Prayer for anticipatory bail allowed: considering the facts and circumstances, submissions of learned counsel for the parties and the petitioner's clean antecedent, the petitioner is to be released on bail in the event of arrest or surrender before the Court below within six weeks, on bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions laid down in Section 482(2) BNSS 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, Sunil Dutta Mishra, J., order dated 17-04-2026, Criminal Miscellaneous No.24294 of 2026): petitioner apprehending arrest in Vaishali (Belsar O.P.) P.S. Case No. 91 of 2026 instituted under Section 30(a) of the Bihar Prohibition & Excise Act — prosecution alleging recovery of 63 litres of foreign liquor from a bamboo clamp near the petitioner's poultry farm, petitioner claiming false implication at the instance of a local Chaukidar, recovery from an open place, no conscious possession and no criminal antecedent — held entitled to release on bail if arrested or surrendering before the Court below within six weeks, on bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions in Section 482(2) of the BNSS 2023, before the Exclusive Special Excise Court No. 02-cum-District and Additional Sessions Judge, Vaishali at Hajipur.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24294 of 2026

Arising Out of PS. Case No.-91 Year-2026 Thana- VAISHALI District- Vaishali

======================================================

Pavan Kumar @ Pawan Patel Son of Bindeshwar Singh Resident of Village - Hauzpura @ Hauzpur @ Khauzpura, P.S.- Belsar O.P., District - Vaishali.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s : Ms. Pronoti Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 17-04-2026

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in connection with Vaishali (Belsar O.P.) P.S. Case No. 91 of 2026, instituted under Section 30(a) of the Bihar Prohibition & Excise Act.

As per the prosecution case, there is recovery of 63 litre of foreign liquor from the bamboo clamp situated near the poultry farm of petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case at the instance of local Chaukidar . Petitioner has no concern with the seized liquor. Recovery of alleged liquor has been made from an open place. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has

Patna High Court CR. MISC. No.24294 of 2026(2) dt.17-04-2026 2/2

no criminal antecedent. Petitioner undertakes to co-operate in the investigation and trial.

Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Considering the facts and circumstances of the case, submission of learned counsel for the parties and clean antecedent of the petitioner, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 02-cum- District and Additional Sessions Judge, Vaishaliat Hajipur in connection with Vaishali (Belsar O.P.) P.S. Case No. 91 of 2026, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J)

rakhi/-

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