Patna High Court
Pankaj ChoupalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SHAILENDRA SINGH
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
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 103
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.