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Patna High Court

Sandeep Pandey @ Sandeep Kumar PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Sandeep Pandey, applied for regular bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged sale of illicit liquor. The prosecution alleged that a police raid recovered 65.190 litres of foreign liquor from the petitioner’s residence after he fled the scene. The petitioner contended that he was innocent, that the liquor was actually recovered from his brother Ranjan Kumar’s room, and that the procedure under Section 103 of the B.N.S.S. was not followed; he also highlighted his clean antecedents and that he had been in custody since 14‑01‑2026. The State opposed the bail. After hearing both sides and reviewing the record, the Court ordered that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, thereby allowing the application.

Issues considered

  • Whether regular bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the alleged non‑compliance with Section 103 of the B.N.S.S. affects the grant of bail.
  • Whether the petitioner’s clean antecedents and custody duration justify bail.

Legislation cited

Subjects

  • regular bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • illicit liquor
  • Section 103
  • B.N.S.S.
  • criminal procedure
  • bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18268 of 2026
                  Arising Out of PS. Case No.-568 Year-2025 Thana- MOTIHARI MUFASIL District- East
                                                       Champaran
                 ======================================================
                 Sandeep Pandey @ Sandeep Kumar Pandey S/o Manoranjan Pandey R/o
                 Village - Baswariya, P.S - Motihari Mufassil, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Prateek Tandon, Advocate
                 For the Opposite Party/s :      Mr. Rajendra Prasad Nat, 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 Muffasil P.S. Case No.

                   568 of 2025 registered for the offences punishable under Section

                   30(a) of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, on a secret information

                   regarding the sale of illicit liquor, the informant, along with

                   police personnel, conducted a raid in the house of the petitioner.

                   It has further been alleged that upon reaching the spot, the

                   petitioner fled away, and from that place, 65.190 litres of illicit

                   foreign liquor was recovered.

                                4. Learned counsel for the petitioner has submitted
              Patna High Court CR. MISC. No.18268 of 2026(3) dt.04-05-2026
                                                          2/2




                        that the petitioner is innocent and has falsely been implicated in

                        this case. It has further been submitted that the recovery, in fact,

                        was made from the house in question, which is jointly occupied

                        by the petitioner and co-accused Ranjan Kumar, who happens to

                        be the brother of the petitioner and the recovery was actually

                        made from the room of Ranjan Kumar. It has also been

                        submitted that the procedure prescribed under Section 103 of

                        the B.N.S.S. has not been followed. Lastly, it has been

                        submitted that the petitioner has got clean antecedent and is in

                        custody since 14.01.2026.

                                     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

                        Muffasil P.S. Case No. 568 of 2025.

                                     7. The application stands allowed.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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