Patna High Court
Akash Pandey @ Akash Kumar PandeyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioners, directing them to furnish a bail bond of Rs 10,000 each with two sureties.
Summary
The petitioners, Akash Pandey and Rajkumar Paswan, were arrested as driver and co‑driver of a vehicle from which 243 litres of illicit foreign liquor was seized, and were charged under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. They contended that they had no knowledge of the contraband, no possession of the liquor, and no prior criminal record, having been in judicial custody since 6 February 2026. The State opposed the grant of regular bail. The Court examined the facts, noting the petitioners' lack of control over the seized consignment and the procedural lapse in preparing the seizure list under Section 105 of the BNSS. Considering these circumstances, the Court ordered that both petitioners be released on regular bail upon furnishing a bond of Rs 10,000 each with two sureties, subject to the satisfaction of the Exclusive Excise Court, Jamui. The order effectively disposed of the bail petition.
Issues considered
- Whether the driver and co‑driver of a vehicle from which illicit liquor was seized can be granted regular bail under the Bihar Prohibition and Excise Act despite the seizure.
- Whether the procedural deficiency in the seizure list (non‑compliance with Section 105 of the BNSS) affects the bail eligibility of the accused.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
Subjects
- regular bail
- excise law
- illicit liquor
- driver liability
- Bihar Prohibition and Excise Act
- Section 105 BNSS
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28319 of 2026
Arising Out of PS. Case No.-221 Year-2026 Thana- Excise P.S. District- Jamui
======================================================
1. Akash Pandey @ Akash Kumar Pandey S/O Balmukund Pandey R/O
Village- Mohanpur, P.S- Pachama, Dist.- Giridih, Jharkhand.
2. Rajkumar Paswan S/O Late Baiju Paswan R/O Village- Bhandaridih, P.S.-
Pachama, Distt.- Giridih, Jharkhand.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 30(a)
and 32(3) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a car,
altogether 243 liters illicit foreign liquor was recovered.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Learned counsel for the petitioners has submitted that nothing
has been recovered from the possession of the petitioners. They
are merely driver and co-driver of the said car respectively.
Patna High Court CR. MISC. No.28319 of 2026(2) dt.05-05-2026
2/2
They were having no information regarding the alleged
consignment and they have no concern with the alleged
recovery. There is no independent witness of the seizure list
rather they are police personnel and police has not complied
Section 105 of BNSS while preparing the seizure list. A
statement has been made in para-3 of this petition that the
petitioners have got no criminal antecedent. Moreover, they are
languishing in judicial custody since 06.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Jam P.S. Case No. 221 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Exclusive Excise
Court No. II, Jamui.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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