Patna High Court
Umashankar PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Code of Criminal Procedure, 1973 — s. 100, 103
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
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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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