Patna High Court
Pankaj Kumar Sinha @ Pankaj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioner is entitled to pre‑arrest bail.
Summary
The petitioner, Pankaj Kumar Sinha, applied for pre‑arrest bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 35 litres of illicit liquor recovered from a motorcycle he owned. He claimed he was not present at the time of seizure and had merely lent the vehicle to a relative in good faith, asserting his innocence and clean criminal record. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the FIR, the petitioner's clean antecedent and the State's failure to enforce its liquor policy, found a prima facie case for bail. Accordingly, the Court directed that the petitioner be released on pre‑arrest bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to Section 482(2) of the CrPC and verification of any other criminal antecedents.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the alleged offence.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- pre‑arrest bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- vehicle ownership
- illicit liquor
- Section 482(2)
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25341 of 2026
Arising Out of PS. Case No.-293 Year-2025 Thana- SANDESH District- Bhojpur
======================================================
Pankaj Kumar Sinha @ Pankaj Kumar Singh Son of Mohan Prasad Resident
of Village- Keshopur Bakari, P.S.- Udawantnagar, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priya, Advocate
For the Opposite Party/s : Mr.Damodar Prasad Tiwary, App
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 22-04-2026 Heard Mr. Priya, learned counsel appearing on
behalf of the petitioner and Mr. Damodar Prasad Tiwary, learned
APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Sandesh P.S. Case No. 293 of 2025 registered for the
offence(s) punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the allegation made in the FIR, 35 litres of
illicit liquor was recovered from a motorcycle bearing
Registration No.BR3D-2519.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. Admittedly, at the time of
the alleged seizure and recovery of illicit liquor, petitioner was
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not present and he has been made accused in this case, being the
owner of the vehicle in question, which was given by the
petitioner to his relative in good faith and the same was being
driven by him at the time of said incidence and as such the
petitioner had no idea that he was carrying liquor on the said
motorcycle. Petitioner has no concern with the seized liquor.
Petitioner has clean antecedent.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR and the fact that the petitioner has clean
antecedent and also the fact that the State has failed to
implement its liquor policy in its true spirit, I am of the opinion
that petitioner has, prima facie, made out a case to be released
on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Concerned Court where the case is
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pending in connection with Sandesh P.S. Case No. 293 of 2025,
subject to the conditions as laid down under Section 482(2) of
the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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