Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties, and verification of his antecedent.
Summary
Petitioner Pankaj Kumar feared arrest in a case (PS No.85/2026) for alleged possession of 4.8 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. The prosecution alleged the offence, while the petitioner claimed innocence and a clean criminal record. The petitioner’s counsel argued that he was falsely implicated and had no prior convictions. The High Court, after hearing, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to Section 438(2) of the CrPC and Section 482 of the BNSS. The Court also ordered the lower court to verify the petitioner’s antecedent before accepting the bail bond, and to refuse bail if any other case is found against him.
Issues considered
- Whether bail should be granted to the petitioner in an offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the petitioner’s claim of a clean antecedent warrants bail without further verification.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- prohibition law
- illicit liquor
- criminal procedure
- antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37232 of 2026
Arising Out of PS. Case No.-85 Year-2026 Thana- BAJPATTI District- Sitamarhi
======================================================
Pankaj Kumar Son of Late Bhola Singh Resident of Village- Bajpatti Got,
P.S.- Bajpatti, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uday Kumar
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Bajpatti P.S. Case No. 85 of 2026 registered for
the offence under Section 30(a) of the Bihar Prohibition and
Excise Amendment Act, 2022.
3. As per the prosecution case, the recovery is of
4.8 liters of illicit liquor.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that the
petitioner has no criminal antecedent.
5. Considering the aforesaid facts, this application
is allowed.
Patna High Court CR. MISC. No.37232 of 2026(2) dt.15-06-2026
2/2
6. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned concerned
Court below in connection with Bajpatti P.S. Case No. 85 of
2026, subject to the conditions laid down in Section 438(2) of
the Code of Criminal Procedure, 1973 / Section 482 of the
BNSS.
7. As the petitioner claims to have clean
antecedent, the Court below, before accepting the bail bonds of
the petitioner is directed to verify the antecedent of the
petitioner. If the petitioner is found to be involved in any other
case then the bail bonds of the petitioner shall not be accepted.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.