Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to specified conditions.
Summary
The petitioner, Pankaj Kumar, was arrested in connection with the seizure of 216 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He had been in custody since 21 January 2026 and asserted a clean antecedent. The petitioner offered to donate Rs. 25,000 to a charitable organization without admitting guilt, while the State opposed bail. The High Court considered the facts, the petitioner's clean record, and his willingness to provide a donation, and allowed the regular bail application. Bail was granted on a bond of Rs. 10,000 with two sureties, conditioned upon a Rs. 25,000 deposit to Ramakrishna Math and monthly attendance at Chatra Police Station every Sunday.
Issues considered
- Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act for possession of illicit liquor
- Whether the petitioner’s clean antecedent and willingness to make a charitable donation justify bail
Subjects
- bail
- prohibition law
- illicit liquor
- criminal procedure
- Bihar Prohibition and Excise Act
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17564 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- Bahera District- Gaya
======================================================
Pankaj Kumar S/o- Ashok Dangi Village- Barisakhi, P.s-Giddhaur, District-
Chatra, Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar
For the Opposite Party/s : Mr. Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection Bahera P.S.
Case No. 15 of 2026 registered for the offence punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. There is recovery of 216 liters of illicit liquor. The
petitioner is in jail since 21.01.2026 and he claims clean
antecedent.
4. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- (Rupees Twenty Five
Thousand Only) in some charitable organization without
accepting his guilt.
5. Learned APP for the State has vehemently opposed
the prayer of the petitioner.
Patna High Court CR. MISC. No.17564 of 2026(2) dt.24-03-2026
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6. Considering the facts and circumstances of the case
and the submission of learned counsel for the petitioner, this
application for regular bail is allowed.
7. Accordingly, let the petitioner above named be
released on bail, on furnishing bail bonds of Rs.10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court below in connection
with Bahera P.S. Case No. 15 of 2026 subject to the condition
that:-
(I). The petitioner shall deposit an
amount of Rs. 25,000/- (Rupees Twenty Five
Thousand Only) in Ramakrishna Math,
Village Jharha (near Matua Pahar), P.O.
Gurua, Dist. Gayaji, Bihar 824205, and
produce the receipt of the same before the
Court below. The bail bonds of the petitioner
shall be accepted after verifying the
genuineness of the receipt produced by the
petitioner.
(ii). The petitioner is directed to
mark his attendance at Chatra Police
Station, Jharkhand on every Sunday of each
month. Failure to do so, will result in
cancellation of bail bond of the petitioner.
8. Let a copy of this order be communicated to the
Superintendent of Police, Chatra through FAX or e-mail for
Patna High Court CR. MISC. No.17564 of 2026(2) dt.24-03-2026
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immediate compliance.
(Sandeep Kumar, J)
Shishir/-
U T
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