Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to bond and conditions.
Summary
Pankaj Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 2,347.785 litres of liquor, part of which was recovered from a Scorpio vehicle and the co‑accused’s house. The petitioner claimed innocence, stating no liquor was found in his conscious possession, he was neither the owner nor driver of the vehicle, and that there was no material linking him to the offence. Earlier, an anticipatory bail application had been dismissed as withdrawn. The State opposed the bail, while the petitioner’s counsel highlighted his custody since 5 January 2026, five prior criminal antecedents, and non‑compliance with Section 103 of the BNSS, 2023. Considering the circumstances, the Court granted bail on a bond of Rs 15,000 with two sureties and imposed conditions regarding family surety, appearance, non‑tampering with evidence, and non‑commission of similar offences.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence, custody period, and prior criminal antecedents.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- anticipatory bail
- liquor seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10803 of 2026
Arising Out of PS. Case No.-174 Year-2025 Thana- DEWARIA District- Muzaffarpur
======================================================
Pankaj Kumar Son of Satnarayan Ray @ Satyanarayan Ray Resident of
Village- Sakin Bangra, P.S.- Deoria, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kishore Saurabh, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Deoria
PS Case No. 174 of 2025 instituted for the offences under
Section/s 30(a) of the Bihar Prohibition and Excise Act. Earlier
vide order dated 09.01.2026, passed in Cr. Misc. No. 86404 of
2025, anticipatory bail of the petitioner was dismissed as
withdrawn by a Co-ordinate Bench of this Court.
3. The prosecution case, in short, is that 2347.785
liters liquor was recovered. Out of which, 225 liters of liquor
was recovered from Scorpio vehicle and 2122.785 liters of
liquor was recovered behind the house of co-accused, Md. Tahir.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.10803 of 2026(2) dt.13-02-2026
2/3
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that petitioner is neither the owner nor the driver of the vehicle
in question and he has no concern with the same. The petitioner
is in custody since 05.01.2026 and has got five (5) criminal
antecedent/s. There is no compliance of Section 103 of the
BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Deoria PS Case No.
174 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.10803 of 2026(2) dt.13-02-2026
3/3
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
Checking your session…