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Patna High Court

Pankaj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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