Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the failure to comply with statutory seizure procedures and the absence of personal possession, coupled with the petitioner's clean record, warranted the grant of regular bail.
Summary
Pankaj Kumar was arrested in connection with the seizure of 47.55 litres of foreign liquor from bamboo clumps behind his house, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that the liquor was not in his possession, the seizure was made in an open area, and the police failed to comply with Section 105 of the BNSS while effecting the seizure. He also highlighted his clean criminal record and that he had been in judicial custody since 29‑01‑2026. The State opposed the bail application. After hearing both sides, the court found merit in the petitioner's arguments, noting the procedural lapse and lack of personal possession, and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the seizure.
- Whether the alleged non‑compliance with Section 105 of the BNSS by the police affects the bail decision.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- prohibition law
- excise
- seizure
- procedural lapse
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17045 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- Hariharnath P.S. District- Saran
======================================================
Pankaj Kumar Son of Lalbabu Das Resident of Village - Koiri Patti, P.S. -
Koiri Pattti, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Aashi Wats, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short, is that behind
the house of the petitioner from bamboo clumps, altogether
47.55 liters of country made foreign liquor was recovered.
4. Learned counsel for the petitioner has submitted
that nothing has been recovered from the possession of this
petitioner. Learned counsel has further submitted that from
perusal of the seizure list itself it is clear that recovery was made
from the bamboo clumps behind the house of the petitioner
which is an open place. Learned counsel for the petitioner has
further submitted that the witnesses of the seizure list are police
Patna High Court CR. MISC. No.17045 of 2026(2) dt.17-03-2026
2/2
personnel and police has not complied Section 105 of the BNSS
while making seizure. Learned counsel for the petitioner has
further submitted that the petitioner is having no criminal
antecedent and he is in judicial custody since 29.01.2026.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer of bail to the petitioner.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Hariharnath P.S. Case No. 22 of 2026 on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned 2nd Exclusive Special Excise
Judge, Saran at Chhapra.
(Ashok Kumar Pandey, J)
durgesh/-
U T
Checking your session…