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Patna High Court

Pankaj ChoupalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioner is entitled to regular bail as the investigation is complete and his release will not affect the prosecution.

Summary

Pankaj Choupal was arrested in connection with a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of illicit liquor. The petitioner contended that he was falsely implicated, that no incriminating article was found in his possession, and that the seizure witnesses were police officers, raising concerns under Section 103 of the BNSS. He also highlighted his prior criminal antecedents but argued that the investigation was complete and his continued custody would not prejudice the prosecution. The State opposed the bail application. The Court, noting the completion of investigation, the nature of the witnesses, and the principle of leniency despite antecedents, granted regular bail on a cash bond and surety, subject to conditions regarding charge framing.

Issues considered

  • Whether the petitioner is entitled to regular bail despite having multiple criminal antecedents
  • Whether the completion of investigation and the nature of seizure witnesses justify granting bail
  • Whether the petitioner’s custody would prejudice the prosecution

Legislation cited

Subjects

  • regular bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 103
  • criminal antecedents
  • investigation completed
  • seizure witnesses

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31930 of 2026
                     Arising Out of PS. Case No.-45 Year-2026 Thana- KAMTAUL District- Darbhanga
                 ======================================================
                 Pankaj Choupal, S/o Late Shiv Lal Choupal, R/o Village- Gopalpur Ward No.
                 13, PS - Kamtaul, District - Darbhanga
                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Baidyanath Prasad, Advocate
                 For the Opposite Party/s :      Mr. Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-05-2026                  Heard the parties.

                                 2. Petitioner seeks regular bail in connection with

                   Kamtaul P.S. Case No. 45 of 2026 registered for the offence

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case merely on the basis of suspicion due to his previous

                   antecedents. It is submitted that no incriminating article was

                   recovered from the conscious possession of the petitioner and he

                   has no concern with the alleged seized liquor or the place from

                   where the recovery was made. Learned counsel further submits

                   that the petitioner was returning home from Mohammadpur

                   Market after purchasing household articles when he was

                   apprehended by the police and falsely implicated in the present
Patna High Court CR. MISC. No.31930 of 2026(2) dt.12-05-2026
                                            2/3




          case. It is also submitted that there has been complete non-

          compliance of Section 103 of the BNSS inasmuch as both

          seizure witnesses are police personnel despite the alleged place

          of occurrence being situated in a densely populated locality.

          Learned counsel further submits that the petitioner is in custody

          since 02.03.2026 and is on bail in all the antecedent cases.

                       4. Learned APP for the State has opposed the prayer

          for bail of the petitioner.

                       5. Heard both sides and perused the FIR and the trial

          court’s order. Though the petitioner has criminal antecedents in

          eight cases, however, considering his period of custody and

          mainly, the fact that the investigation against the petitioner has

          been completed and the seizure witnesses are police officials,

          the release of the petitioner will not affect the prosecution in any

          manner, in my opinion, the petitioner deserves to a lenient

          approach of this Court. Accordingly, let the petitioner named-

          above be released on bail on furnishing bail bond of Rs.

          20,000/- (Rupees Twenty Thousand) with two sureties of the

          like amount each to the satisfaction of the concerned Court in

          connection with Kamtaul P.S. Case No. 45 of 2026 on the

          following conditions:-

                       5.1. As the investigation against the petitioner has
           Patna High Court CR. MISC. No.31930 of 2026(2) dt.12-05-2026
                                                       3/3




                     been completed, if the trial court proceeds to frame the charges

                     against the petitioner, then the petitioner shall be released after

                     the framing of charges.

                                  5.2. In case the trial court does not frame charges

                     against the petitioner within the next one month on account of

                     any legal reason, then the petitioner shall also be released on

                     bail.


                                               (Shailendra Singh, J)

maynaz/krishna-

U      T


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