Patna High Court
Sachin Pandey @ Sachin Kumar PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The Court denied bail to the petitioner.
Summary
Sachin Pandey applied for regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016 after 70 litres of country liquor were seized from a motorcycle and he was taken into custody. The prosecution alleged that the liquor was recovered from the vehicle and the petitioner was present at the spot. The petitioner contended that he was not in possession of the liquor, was not on the vehicle, and was falsely implicated due to his antecedents, offering to cooperate with the investigation. The State opposed the bail. Considering the seizure, the petitioner’s alleged involvement, and his antecedents, the Court declined to grant bail, rejecting the application but permitting a fresh prayer after six months.
Issues considered
- Whether regular bail should be granted to the accused under section 30(a) of the Bihar Prohibition and Excise Act, 2016 in view of the seizure of 70 litres of country liquor and the accused’s antecedents.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- false implication
- antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23558 of 2026
Arising Out of PS. Case No.-8 Year-2026 Thana- GOPALPUR District- Gopalganj
======================================================
Sachin Pandey @ Sachin Kumar Pandey, S/o Santosh Pandey, R/o Khalgaon,
P.O.- Semra Bazar, P.S.- Gopalpur, District- Gopalganj, Bihar, 841503
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Mr. Anuranjan Patel, Advocate
Mr. Anshu Kumar, Advocate
Mr. Rahul Ranjan, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Gopalpur P.S. Case no.8
of 2026 registered under section 30(a) of the Bihar Prohibition
and Excise Act, 2016.
3. As per the prosecution case, on the motorcycle in
question being stopped and searched, 70 litres of country liquor
was recovered and the petitioner and one another were taken
into custody.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession who has been falsely implicated in the case. He was
not on the vehicle in question and no seizure has taken place
Patna High Court CR. MISC. No.23558 of 2026(2) dt.08-04-2026
2/2
from his possession. He is not the owner of the vehicle. The
cause of his false implication is his antecedents. He is in custody
since 13.1.2026 and undertakes to cooperate in the
investigation/trial.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the F.I.R., 70 litres of country liquor having been recovered
from the motorcycle in question and the petitioner having been
taken in custody on the spot together with the antecedents of the
petitioner under the Bihar Prohibition and Excise Act, 2016, the
Court is not inclined to enlarge the petitioner on bail and the
application is rejected.
7. Liberty is granted to the petitioner to renew his
prayer for bail after six months.
(Partha Sarthy, J)
avinash/-
U T
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