Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to specified conditions.
Summary
Pankaj Kumar was arrested on 23 January 2026 in connection with a case involving the seizure of 233.28 litres of Indian-made foreign liquor, alleged under Section 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition & Excise Act. The petitioner pleaded that he has a clean antecedent, the FIR is fabricated, and there is non‑compliance of Section 103 of the BNSS, 2023. The State opposed bail. The High Court, after considering the facts and the alleged procedural lapse, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence or witnesses, and verification of antecedents. The bail order is subject to cancellation if conditions are breached.
Issues considered
- Whether bail should be granted to the petitioner despite the alleged offences under the BNSS and Prohibition & Excise Act.
- Whether the alleged non‑compliance of Section 103 of the BNSS, 2023, warrants the grant of bail.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or concealing his criminal antecedents.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 317(5)
Subjects
- bail
- false FIR
- non‑compliance
- Bihar Narcotic Substances Act
- Bihar Prohibition & Excise Act
- liquor seizure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22700 of 2026
Arising Out of PS. Case No.-29 Year-2026 Thana- AWTARNAGAR District- Saran
======================================================
Pankaj Kumar Son of Vijay Singh Resident of Village- Pahari Chowk
Chanwari, P.S.- Sonepur, District- Saran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the State : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Mr. Alok Kumar Alok, learned counsel for
the petitioner and Mr. Narendra Kumar Singh, learned APP for
the State.
2. Petitioner seeks bail, who is in custody since
23.01.2026, in connection with Awtar Nagar P.S. Case No. 29 of
2026, F.I.R. dated 23.01.2026 registered for the offences
punishable under Sections 317(5) of the B.N.S. and Section
30(a) of the Bihar Prohibition & Excise Act.
3. Recovery is of 233.28 litres of Indian made foreign
liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
Patna High Court CR. MISC. No.22700 of 2026(2) dt.07-04-2026
2/3
petitioner has not committed any offence as alleged in the F.I.R.
it appears from the F.I.R. that the recovery been made from the
vehicle in question and altogether 233.28 litres of Indian mde
foreign liquor was recovered from the vehicle in question. He
further submits that there is non-compliance of Section 103 of
BNSS, 2023 and the petitioner is in custody since 23.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and
there is non-compliance of Section 103 of the BNSS, 2023, let
the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
1st Exclusive Special Excise Court, Saran at Chapra in
connection with Awtar Nagar P.S. Case No. 29 of 2026, subject
to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.22700 of 2026(2) dt.07-04-2026
3/3
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
Checking your session…