Patna High Court
Pramod PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- BNSS, 2023 — s. 103, 105
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
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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
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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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