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
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 32
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.