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Patna High Court

Sanjay PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The Court granted bail to the petitioner because no incriminating article was recovered from him and he had been in custody for an extended period.

Summary

The petitioner, Sanjay Pandey, was arrested in connection with the recovery of 213.840 litres of country-made liquor from a vehicle and is alleged to have been the rider of that vehicle. The petitioner filed a bail application, contending that no incriminating article was found in his possession and that he had been in custody since 21 March 2026. The State opposed the bail, invoking Sections 30(a) and 32 of the Bihar Prohibition and Excise Amendment Act, 2018. The Court observed that the absence of any seized article from the petitioner and the length of his pre‑trial detention warranted relief. Accordingly, the Court granted bail on a bond of Rs.10,000 with two sureties, noting that its observations were prima facie and not a determination on the merits of the case.

Issues considered

  • Whether bail should be granted to the petitioner given the alleged offences under Sections 30(a) and 32 of the Bihar Prohibition and Excise Amendment Act, 2018 and the fact that no incriminating article was recovered from his possession.

Legislation cited

Subjects

  • bail
  • excise
  • illegal liquor
  • Bihar Prohibition Act
  • pre‑trial detention
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36578 of 2026
                      Arising out of PS. Case No.-247 Year-2026 Thana- Excise P.S. District- Gopalganj
                 ======================================================
                 Sanjay Pandey Son of Subhash Pandey Resident of Village -Jaitnarahwa PS
                 -Gopalpur, District -Gopalganj

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Lokesh Kumar Singh, Advocate
                 For the Opposite Party/s :         Mr. Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   27-05-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in Gopalganj Excise P.S.

                   Case No. 247 of 2026 registered for alleged offences under

                   Sections 30(a) and 32 of Bihar Prohibition and Excise

                   Amendment Act, 2018.

                                3. The allegation is that 213.840 liters country-made

                   liquor was recovered from the dickey of Wagon R Car and the

                   petitioner is said to be the rider of the said vehicle.

                                 4. Learned counsel for the petitioner submits that no

                   incriminating article has been recovered from the possession of

                   the petitioner. He further submits that the petitioner is in custody

                   since 21.03.2026.

                                5. Learned Additional Public Prosecutor for the State
                       Patna High Court CR. MISC. No.36578 of 2026(2) dt.27-05-2026
                                          2/2




           has vehemently opposed the prayer for bail of the petitioner.

                     6. Considering that no incriminating article was

           recovered from the possession of the petitioner and the

           petitioner is in custody since 21.03.2026, this Court is inclined

           to grant bail to the petitioner.

                     7. Let the petitioner, above named, be released

           on bail on furnishing bail bonds of Rs. 10,000/- (Ten

           thousand) with two sureties of the like amount each to

           the satisfaction of the Court of Exclusive Special

           Excise     Court-II,       Gopalganj          in     connection            with

           Gopalganj Excise P.S. Case No. 247 of 2026.

                      8. It is made clear that any observation made

           herein is prima facie in nature and limited solely for

           the purpose of           adjudication of            the     present        bail

           application. Such observations shall not be construed

           as an expression on the merits of the case and shall not

           influence the trial or any other proceedings in any

           manner.



                                          (Ansul, J)
Vikash/-

U      T


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