Patna High Court
Pancha Rai @ Pancha KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court allowed the petition for anticipatory bail, granting it under Section 482(2) of the BNSS.
Summary
The petitioner, Pancha Rai, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly assembling 150 litres of illicit liquor. He claimed the allegations stemmed from a personal dispute and that the police search and seizure were not conducted in accordance with Sections 103 and 105 of the Bharitya Nagrik Suraksha Sanhita (BNSS). The petitioner sought anticipatory bail, arguing innocence and that the seized premises did not belong to him. The State opposed the bail. The Court examined the nature of the offence, the alleged procedural lapses in the search, and the petitioner’s claim of false implication, and decided to grant anticipatory bail subject to a bond of Rs.10,000 and two sureties, with the condition that the petitioner surrender within six weeks. The order was pronounced under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the BNSS for an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the search and seizure conducted by the police complied with Sections 103 and 105 of the BNSS.
- Whether the petitioner’s claim of false implication and personal dispute warrants the grant of anticipatory bail.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 103, 105, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illegal liquor
- search and seizure
- BNSS
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35090 of 2026
Arising Out of PS. Case No.-195 Year-2026 Thana- MALSALAMI District- Patna
======================================================
Pancha Rai @ Pancha Kumar S/o Chanarika Rai R/o vill - Patthar Ghat, P.S.-
Malsalami, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Ranjan, Adv
For the Opposite Party/s : Mr.Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 21-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in connection
with Malsalami P.S. Case No. 195 of 2026 registered for the
offences punishable under Sections 30(a) of the Bihar Prohibition
and Excise Act.
3. As per the prosecution case, the informant got an
information that this petitioner was assembling liquor near Patthar
ghat, upon such information the police reached the spot, a person
who was carrying sack on his head tried to flee and ultimately
succeeded in fleeing after throwing the sack away. It has further
been alleged that 150 liters of country made liquor were recovered
from the jute sack.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. It has further been submitted that the allegations
against the petitioner have arisen out of a dispute with local
persons, who have falsely implicated him. The search and seizure
Patna High Court CR. MISC. No.35090 of 2026(2) dt.21-05-2026
2/2
have not been done as provided under Section 103 and 105 of the
BNSS. It has further been submitted that the place from which the
recoveries have been made does not belong to the petitioner. It has
lastly been submitted that the petitioner is an accused in one
another case of similar nature but he is on bail in that case.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as well as the nature of allegation against the petitioner,
let the above named petitioner, in the event of his arrest/surrender
within a period of six weeks from today, be enlarged on
anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of the learned court concerned, in connection with
Malsalami P.S. Case No. 195 of 2026, subject to the conditions as
laid down under Section 482(2) of the Bharitya Nagrik Suraksha
Sanhita (B.N.S.S.)
7. This application stands allowed.
niku/rajesh/- (Praveen Kumar, J)
U T
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