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Patna High Court

Pancha Rai @ Pancha KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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