Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to all petitioners on the condition of a Rs.10,000 bond with two sureties each.
Summary
The petitioners, who are staff members of a mess run by Ram Bharosi Kamat, were arrested in connection with the seizure of 118.68 liters of illicit liquor from the mess premises. They sought bail, arguing that the liquor was not in their personal possession, that the seizure lacked an independent witness, and that they have no prior criminal record. The case is registered under Sections 30(a) and 32(2) of the Bihar Prohibition and Excise Act. The State opposed the bail application. The court, after considering the facts, the petitioners' lack of antecedents, and the procedural irregularities alleged in the seizure, ordered that each petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount. The bail order was directed to be complied with by the trial court handling the original case.
Issues considered
- Whether the petitioners, as staff of the mess, are liable for the alleged possession of illicit liquor seized from the premises.
- Whether the seizure of the liquor complied with the mandatory provisions of search and seizure under the Bihar Prohibition and Excise Act.
- Whether bail should be granted to the petitioners given the nature of the offence and their lack of criminal antecedent.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(2)
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- search and seizure
- criminal antecedent
- staff liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36113 of 2026
Arising Out of PS. Case No.-226 Year-2026 Thana- BUDDHACOLONY District- Patna
======================================================
1. Pankaj Kumar S/o Late Surendra Sah Resident of Gheghta, P.S.- Sonpur,
District- Saran (Chhapra)
2. Shyam Kumar Kamat S/o Satlal Kamat Resident of Madhopur, P.S.-
Laukaha, District- Madhubani
3. Santu Das @ Shantu Das S/o Krishna Das Resident of Govindchak, P.S.-
Sonpur, District- Saran (Chhapra)
4. Rupesh Kumar S/o Ramrup Mandal Resident of Dhabauli, P.S.- Andramath,
District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mithilesh Kumar
For the Opposite Party/s : Mr.Renuka Ratanakar (App125)
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in a case registered for
the offence punishable under Sections 30(a), 32(2) of the Bihar
Prohibition and Excise Act.
3. Perusal of the first information report and the
seizure list, would go to show that 118.680 liters of illicit liquor
is said to have been recovered from the mess of police centre
run by one Ram Bharosi Kamat.
4. It is submitted by learned counsel for the
petitioners that there is no recovery from the physical and
conscious possession of the petitioners. It is submitted that so
Patna High Court CR. MISC. No.36113 of 2026(2) dt.08-06-2026
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far as the petitioners are concerned, they are all the staff of the
person who runs the mess and the recovery is from a place
which was accessible to all. It is further submitted that the
mandatory provisions of search and seizure have been violated
as there is no independent witness to the seizure list. Further, the
petitioners are in judicial custody since 16.04.2026 with no
criminal antecedent.
5. Learned APP for the State opposes the prayer for
bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that the petitioners
are the staff of the mess from where the recovery was made, let
the above named petitioners, who have no criminal antecedent,
be enlarged on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor Court in connection with
Buddha Colony P.S. Case 226 of 2026.
(Soni Shrivastava, J)
devendra/-
U T
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