Patna High Court
Umesh PanditversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The petitioner is entitled to regular bail as the prosecution failed to establish a prima facie case against him and procedural lapses were evident.
Summary
The petitioner, Umesh Pandit, was arrested as the driver of a Bolero vehicle from which 432 litres of illicit Nepali liquor were seized, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. He filed an application for regular bail, asserting that he had no knowledge of the contraband, that the vehicle did not belong to him, and that procedural requirements under Section 105 of the B.N.S.S. were not complied with. He also highlighted the absence of any criminal antecedent, his custody since 31‑12‑2025, and the fact that a similarly situated co‑accused had been granted bail by a coordinate bench. The State opposed the bail application. The Court, after hearing both sides, ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, thereby allowing the application.
Issues considered
- What is the applicability of Section 30(a) of the Bihar Prohibition and Excise Act to the petitioner as a driver?
- Whether the procedural requirements under Section 105 of the B.N.S.S. were complied with in the arrest and charge-sheet.
- Whether the petitioner is entitled to regular bail given the facts, his lack of antecedents, and the precedent of bail granted to a co‑accused.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 105
Subjects
- bail
- prohibition law
- illicit liquor
- driver liability
- Section 30(a)
- Section 105
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18250 of 2026
Arising Out of PS. Case No.-465 Year-2025 Thana- KOTWA District- East Champaran
======================================================
Umesh Pandit son of Late Rambelas Pandit @ Vilash Pandit Resident of
village- Kadhan Bairiya, Ps- Kesariya, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Dr. Mrityunjaya Kumar Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 04-05-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Kotwa P.S. Case No.
465 of 2025 registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 432 litres of illicit
Nepali liquor was recovered from the Bolero vehicle which the
petitioner was driving.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case merely on the basis of being a driver of the said vehicle
from which the alleged liquor was recovered. It has further been
submitted that the vehicle in question does not belong to the
Patna High Court CR. MISC. No.18250 of 2026(3) dt.04-05-2026
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petitioner and he has no knowledge of the seized consignment
kept therein. It has also been submitted that the procedure
prescribed under Section 105 of the B.N.S.S. has not been
followed. Moreover, similarly situated co-accused has already
been granted bail by a co-ordinate Bench of this Court vide
order dated 27.02.2026 passed in Cr. Misc. No. 14691 of 2026.
Lastly, it has been submitted that the petitioner has got no
criminal antecedent and is in custody since 31.12.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Heard the parties and perused the record, the
petitioner above-named is directed to be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, East Champaran, in connection with
Kotwa P.S. Case No. 465 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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