Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to a bond and specified conditions.
Summary
Petitioner Pankaj Kumar was arrested on 12 March 2026 for allegedly possessing 11.160 litres of foreign liquor, alleged violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He contended that he has a clean antecedent and was falsely implicated, arguing that the seizure was conducted by police witnesses in breach of Sections 103 and 105 of the BNSS. The State opposed bail. The Court examined the facts, the procedural lapses alleged, and the petitioner’s antecedent, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedent. The bail order also directed that the bond not be delayed for verification purposes. The petition was disposed by granting bail.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the seizure of foreign liquor complied with the procedural requirements of Sections 103 and 105 of the BNSS.
- Whether the petitioner’s clean antecedent justifies the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- BNSS — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31247 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- SONPUR RAIL P.S. District- Saran
======================================================
Pankaj Kumar S/o Shivji Singh S/o Village - Chausiya, Ward no. 1, P.S. -
Sonepur, Dist. - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-05-2026 Heard Mr. Dhananjay Kumar Tiwary, learned
counsel for the petitioner and Mr. Anant Kumar 1, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
12.03.2026 in connection with Soenpur Rail P.S. Case No. 21 of
2026, F.I.R. dated 11.03.2026for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 11.160 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case merely on the basis of suspicion.
Altogether 11.160 liters of foreign liquor was recovered from
the bag of the petitioner when he was coming from Purwanchal
Express at Platform No.2 in Sonepur Railway Station. He
Patna High Court CR. MISC. No.31247 of 2026(2) dt.12-05-2026
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further submits that seizure list witnesses are police personnel
so, there is non-compliance of Section 103 and 105 of BNSS
and the petitioner is in custody since 12.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
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 learned 3 rd
Exclusive Special Excise court, Saran at Chapra in connection
with Sonepur Rail P.S. Case No. 21 of 2026, subject to the
following conditions:-
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
Patna High Court CR. MISC. No.31247 of 2026(2) dt.12-05-2026
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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)
Suruchi/-
U T
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