Patna High Court
Pankaj MehtaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner upon the condition of a Rs 10,000 bond with two sureties.
Summary
Pankaj Mehta was arrested in connection with Excise P.S. Case No. 120 of 2026 for allegedly possessing 98.625 litres of illicit foreign liquor, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. He filed a bail application asserting that he is innocent, that nothing was recovered from his possession, and that the police failed to comply with Section 105 of the BNSS while making the seizure. The State opposed the bail, contending that the seizure and the alleged offence justified continued custody. After hearing both sides, the Court held that the petitioner’s claim of procedural irregularity and lack of prior criminal record warranted relief. Accordingly, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the Exclusive Special Judge (Excise‑02), Purnea.
Issues considered
- Whether bail should be granted in an offence under Section 30(a) of the Bihar Prohibition and Excise Act involving alleged possession of illicit liquor.
- Whether the seizure complied with the procedural requirements of Section 105 of the BNSS, affecting the bail decision.
- Whether the petitioner’s lack of criminal antecedents and his custodial status justify the grant of bail.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- excise law
- illegal liquor
- seizure
- Section 30(a)
- Section 105
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21044 of 2026
Arising Out of PS. Case No.-120 Year-2026 Thana- Excise P.S. District- Purnia
======================================================
Pankaj Mehta S/O Pramod Mehta @ Pramod Mehata Resident of Vill.- Harda
Bazar, Ward no- 02, P.S- Maranga, Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Kumar Bhagat, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Excise P.S. Case No. 120 of 2026 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The case of the prosecution, in short, it that
altogether 98.625 liters of illicit foreign liquor was recovered
from the house of the petitioner.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
possession of the petitioner. The witnesses of the seizure list are
Patna High Court CR. MISC. No.21044 of 2026(2) dt.02-04-2026
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police personnel and the police has not complied with Section
105 of the BNSS while making the seizure. Moreover, a
statement has been made in para 3 of the petition that petitioner
has no criminal antecedent and he is languishing in judicial
custody since 21.02.2026.
5. The application for bail is opposed by learned APP
for the State.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special Judge (Excise-02), Purnea in connection with
Excise P.S. Case No. 120 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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