Patna High Court
Pankaj Kumar Singh @ Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The High Court granted pre‑arrest bail to the petitioner, subject to a bail bond, sureties and verification of criminal antecedents.
Summary
The petitioner, Pankaj Kumar Singh, applied for pre‑arrest bail in a case (Kartaha P.S. Case No.131/2025) alleging possession of 375 ml of illicit liquor recovered from a motorcycle. He claimed innocence, stating the vehicle was taken by a neighbour who has since been arrested. The State opposed the bail, arguing the seriousness of the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The High Court, after considering the FIR, the open‑place recovery, and the petitioner's claim, directed that he be released on pre‑arrest bail upon furnishing a bond of Rs 10,000 with two sureties, subject to verification of his criminal antecedents. The order is conditioned on Section 482(2) of the BNSS and will lapse if antecedents are found.
Issues considered
- Whether pre‑arrest bail can be granted in a case involving alleged possession of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the circumstances of recovery and the petitioner's claim of innocence justify bail under the inherent powers of the High Court (Section 482(2)).
- Whether the bail order should be made subject to verification of the petitioner's criminal antecedents.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor
- Section 30(a)
- Bihar Prohibition Act
- Section 482(2)
- inherent powers
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20967 of 2026
Arising Out of PS. Case No.-131 Year-2025 Thana- KARTAHA District- Vaishali
======================================================
Pankaj Kumar Singh @ Pankaj Kumar S/o- Late Shashi Singh Resident of
Village- Ram Nagar Tola, Ghataro, P.S.- Kartaha, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Singh, Advocate
For the Opposite Party/s : Mr.Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 16-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Kartaha P.S. Case No. 131/2025 registered for the
offence(s) punishable under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per the allegations made in the FIR, 375 ml. of
Indian made foreign liquor has been recovered from a
motorcycle bearing Registration No.KA0IKA9355 and
Registration No.MBLHAW228PHH22087 parked at Ghataro
Gassing Tola.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.20967 of 2026(2) dt.16-04-2026
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petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. He further submitted that
the said motorcycle belongs to the petitioner, which was taken
by his neighbour, namely, Chandan Kumar on the pretext of
some urgent work and said Chandan Kumar has been arrested.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR and the fact that recovery of illicit liquor has
been made from the open place, which is accessible to any one.
The petitioner, above named, is directed to be released on pre-
arrest bail, in the event of his arrest or surrender before the
learned District Court within a period of four weeks from today,
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Concerned Court where the case is pending in
connection with Kartaha P.S. Case No. 131/2025, subject to the
conditions as laid down under Section 482(2) of the BNSS.
7. The learned District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases, as what has been
Patna High Court CR. MISC. No.20967 of 2026(2) dt.16-04-2026
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stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
chn/-
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