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Patna High Court

Pankaj Kumar Sinha @ Pankaj Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.25341 of 2026(2) dt.22-04-2026
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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
           Patna High Court CR. MISC. No.25341 of 2026(2) dt.22-04-2026
                                                       3/3




                     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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