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Patna High Court

Pramod PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs.10,000 and specified conditions.

Summary

Petitioner Pramod Pandey was arrested on 8 January 2026 in connection with the seizure of 955.440 litres of foreign liquor from a vehicle, alleged under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022. He contended that he was merely the driver, had no knowledge of the contraband, and possessed a clean antecedent, asserting that the liquor was not in his conscious possession. The State opposed bail, while the petitioner highlighted non‑compliance of Sections 103 and 105 of the BNSS, 2023. The Court, noting the petitioner’s clean record and the procedural lapses, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order was directed to be implemented by the Exclusive Special Judge (Excise)‑II, Kaimur.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022.
  • Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS, 2023 influences the grant of bail.
  • Whether the petitioner’s claim of being a driver with no knowledge and a clean antecedent warrants bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • foreign liquor seizure
  • clean antecedent
  • driver
  • BNSS
  • non‑compliance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15272 of 2026
                 Arising Out of PS. Case No.-5 Year-2026 Thana- DURGAWATI District- Kaimur (Bhabua)
                 ======================================================
                 Pramod Pandey S/O Sudhakar Pandey R/O Village-Kanaila P.S. and P.O.
                 Gadwar, District- Ballia Uttar Pradesh Presently R/O Village-K-548 Tara
                 Chand Colony Mahipalpur South West Delhi Delhi-110037

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Parth Gaurav, Advocate
                 For the Opposite Party/s :      Ms. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   11-03-2026                     Heard Mr. Parth Gaurav, learned counsel for the

                   petitioner and Ms. Meena Singh, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   08.01.2026, in connection with Durgawati P.S. Case No. 05 of

                   2026, F.I.R. dated 07.01.2026               registered for the offences

                   punishable under Section 30(a) of the Bihar Prohibition &

                   Excise Amendment Act, 2022.

                                3. Recovery is of 955.440 litres of foreign liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case. It appears from the F.I.R. as well

                   as seizure list that nothing has been recovered from the

                   conscious possession of the petitioner rather recovery has been
Patna High Court CR. MISC. No.15272 of 2026(2) dt.11-03-2026
                                            2/3




          made from the vehicle in question and petitioner has no concern

          at all with the alleged recovery of illicit liquor and he was the

          driver of the vehicle in question and he had no knowledge about

          the consignment of the liquor which was loaded in the vehicle in

          question and altogether 955.440 litres of various brand of liquor

          was recovered from the vehicle in question. He further submits

          that from perusal of the seizure list it appears that there is non-

          compliance of Sections 103 and 105 of BNSS, 2023 and the

          petitioner is in custody since 08.01.2026.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for               bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and there

          is non-compliance of Sections 103 and 105 of the BNSS, 2023,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Exclusive Special Judge (Excise)-II, Kaimur at Bhabhua in

          connection with Durgawati P.S. Case No. 05 of 2026, subject to

          the following conditions :-

                        (1) Petitioner shall co-operate in the trial and shall be
               Patna High Court CR. MISC. No.15272 of 2026(2) dt.11-03-2026
                                                           3/3




                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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