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2026 DAILYLAW 15430 (PAT)

Pawan Kumar @ Pawan Singh v. The State of Bihar

CR. MISC./32653/2026 · 2026-05-13

Khatim Reza

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32653 of 2026 Arising Out of PS. Case No.-892 Year-2019 Thana- FATUA District- Patna ====================================================== Pawan Kumar @ Pawan Singh, aged about 30 years, Gender-Male, S/o Shivratan Prasad @ Shivratan Yadav @ Shiv Ratan Singh, R/o Village- Bhagwanpur (Devarsoukhi), P.S. - Panchrukhiya and Distt.- Patna. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jay Ram Prasad, Advocate For the Opposite Party/s : Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 13-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner apprehends arrest in connection with Fatuha PS Case No.892 of 2019 dated 21.12.2019, instituted under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The allegation is of recovery of 65 lites Mahua liquor from the bank of Punpun River. 4. Learned counsel for the petitioner submits that nothing has been recovered from the conscious possession of the petitioner. The recovery has been made from the bank of Punpun River. Further submission is that the name of the petitioner has been disclosed by the local people, who are inimical to the petitioner. Lastly, it is submitted that four Patna High Court CR. MISC. No.32653 of 2026(2) dt.13-05-2026 2/3 criminal cases are pending against the petitioner. 5. Learned APP has opposed the prayer for bail. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, 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 the learned Special Judge, Excise, Patna City, Patna, in Fatuha PS Case No.892 of 2019, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and further (i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) Patna High Court CR. MISC. No.32653 of 2026(2) dt.13-05-2026 3/3 that 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, and (v) that the petitioner within two weeks from the date of his furnishing bail bonds shall appear before the SHO of his local area along with a copy of this order and thereafter shall appear before him every fortnightly to mark his attendance till the conclusion of the trial. 7. The application stands allowed. J. Alam/- (Khatim Reza, J) U T