Patna High Court
PANKAJ BASFODversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted because the arrest was based on mere suspicion, no incriminating material was recovered from the petitioner, and the procedural safeguards under Section 103 were not observed.
Summary
The petitioner, Pankaj Basfod, was arrested on 20 December 2025 after 100 litres of liquor were recovered from a motorcycle, and he was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, had no ownership of the motorcycle, possessed no incriminating material, and had no prior criminal record. The petitioner also argued that the arrest was based merely on suspicion and that the procedural requirement of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, was not complied with. The State opposed bail, insisting that the offence was serious. Considering the lack of direct evidence, the petitioner’s clean record, and the prolonged pre‑trial custody, the Court granted bail on condition of a Rs. 15,000 bond with two sureties of equal amount.
Issues considered
- Whether bail should be granted to a person arrested under Section 30(a) of the Bihar Prohibition and Excise Act when the arrest is based on suspicion and no material is found in his possession.
- Whether the provisions of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, have been complied with in the arrest and detention of the petitioner.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- suspicion
- pre‑trial detention
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12588 of 2026
Arising Out of PS. Case No.-131 Year-2025 Thana- MALAYPUR District- Jamui
======================================================
PANKAJ BASFOD Son of Late Kishori Basfod Resident of Village -
Shivandi, P.S.- Jamui, District - Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Malaypur P.S. Case No. 131 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 100 liters
liquor was recovered from motorcycle and the petitioner was
arrested on spot.
4. Learned counsel for the petitioner submits that the
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
Patna High Court CR. MISC. No.12588 of 2026(2) dt.24-02-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the petitioner has been
arrested only on the basis of suspicion. It is further submitted
that the petitioner is not the owner of the motorcycle in
question. The petitioner is in custody since 20.12.2025 and has
got no criminal antecedent. There is no compliance of Section
103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP 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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Malaypur P.S. Case
No. 131 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
Checking your session…