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Patna High Court

Umashankar PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond and specified conditions.

Summary

The petitioner, Umashankar Pandey, was arrested on 3 February 2026 in connection with a 2019 case involving the seizure of 4,648 litres of illicit liquor and two motorcycles, alleged offences under Sections 30(a) and 41(1) of the Bihar Excise and Prohibition Amendment Act. He applied for bail, contending that he is not the owner of the premises where the liquor was found, that the house is a joint family property, and that the prosecution failed to comply with mandatory provisions of Sections 100 and 103 of the Criminal Procedure Code. The State opposed bail, citing the petitioner’s antecedent criminal cases, although he is already on bail in those matters. The Court examined the bail criteria, the alleged procedural lapses, and the petitioner’s claim of non‑ownership, and decided that these factors did not preclude bail. Accordingly, the Court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted despite the seriousness of the excise offences and alleged non‑compliance of Sections 100 and 103 CrPC.
  • Whether the petitioner’s claim of non‑ownership of the premises and joint family ownership affects the bail decision.
  • Whether the petitioner’s antecedent criminal cases warrant denial of bail.

Legislation cited

Subjects

  • bail
  • excise law
  • illicit liquor
  • CrPC sections 100 and 103
  • joint family property
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24095 of 2026
                      Arising Out of PS. Case No.-52 Year-2019 Thana- BAGENGOLA District- Buxar
                 ======================================================
                 Umashankar Pandey son of Satyanarayan Pandey Resident of Village- Bhada
                 P.s- Bagengola District -Buxar

                                                                                   ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Shankar Pathak
                 For the Opposite Party/s :       Ms. Pronoti Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   10-04-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   03.02.2026 in connection with Bagengola P.S. Case No. 52 of

                   2019 for the offences punishable under Sections 30(a) and 41(1)

                   of Bihar Excise and Prohibition Amendment Act.

                               3. The prosecution story, in brief, is that on 17.09.2019

                   on a secret information S.H.O. of Bagengola P.S. reached the

                   house of petitioner and recovered about 4648 Liters (475

                   cartoon and 30 plastic bag) of illicit liquor along with two

                   motorcycles.

                               4. Learned counsel for the petitioner submits that it

                   appears from the FIR that altogether 4648 liters of country

                   made liquor was recovered from the house of the petitioner. It is
Patna High Court CR. MISC. No.24095 of 2026(3) dt.10-04-2026
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          next submitted that there is non-compliance of mandatory

          provisions of Sections 100 and 103 of Cr.P.C and the petitioner

          is not the owner of the house in question rather the house in

          question is a joint family property and co-accused persons,

          namely, Dayashankar Pandey has been granted bail vide order

          dated 19.03.2020 passed in Cr. Misc. No. 79388 of 2019 and

          Shivshankar Pandey has been granted bail vide order dated

          11.11.2020 passed in Cr. Misc. No. 21173 of 2020 by the

          Coordinate Bench of this Court and the petitioner is in custody

          since 03.02.2026.

                      5. Learned APP for the State, on the other hand, has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner has antecedent of two cases other than

          the present case but fairly submits that the petitioner is on bail in

          the pending matters.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the Court of learned

          Exclusive Special Judge Excise Court No. 1 at Buxar in

          connection with Bagengola P.S. Case No. 52 of 2019, subject to

          the following conditions:-
           Patna High Court CR. MISC. No.24095 of 2026(3) dt.10-04-2026
                                                       3/3




                                  i. 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

                     reason, his bail bond shall be cancelled by the Court below.

                                  ii. If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to

                     move for cancellation of bail.

                                  iii. 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 antecedent, 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)
Gaurav Sinha/-

U      T


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