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Patna High Court

Pankaj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the condition of a Rs.5,000 bond with two sureties.

Summary

The petitioner, Pankaj Kumar, was arrested in connection with the alleged recovery of 320.760 litres of liquor from an auto and has been in custody since 23 March 2026. He contended that he was not arrested at the scene, had no conscious possession of the liquor, and was not the owner of the vehicle, arguing that the case was based on secret information without proper investigation. The State opposed the bail application. The court, after considering the submissions and the length of custody, ordered the petitioner to be released on regular bail upon furnishing a bail bond of Rs.5,000 with two sureties. The bail application was therefore allowed.

Issues considered

  • Whether bail should be granted to the petitioner charged under Section 30(a) of the Excise Act considering the circumstances of arrest and period of custody

Legislation cited

Subjects

  • bail
  • Excise Act
  • Section 30(a)
  • liquor seizure
  • criminal procedure
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37847 of 2026
                     Arising Out of PS. Case No.-11 Year-2026 Thana- NATIONAL HIGHWAY District-
                                                        Samastipur
                 ======================================================
                 Pankaj Kumar S/o Fekan Mahto Resident of Village - Harishankarpur
                 Baghauni, P.S. - Tajpur, Dist. - Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Anish Kumar
                 For the Opposite Party/s :      Mr.Sanjay Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-07-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case and is in custody since

                   23.03.2026 and allegation is of recovery of 320.760 litres of

                   liquor from an auto.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized auto and he came to be implicated based on secret

                   information which is the easiest way to implicate someone
               Patna High Court CR. MISC. No.37847 of 2026(2) dt.01-07-2026
                                                           2/2




                         without holding a proper investigation.

                                      5. Learned A.P.P. opposes the bail application.

                                      6. Considering the submissions made by the learned

                         counsel for the petitioner and taking into consideration the

                         period of custody, the petitioner, above-named, is directed to be

                         released on regular bail on his furnishing bail-bonds in the sum

                         of Rs.5,000/- (Rupees Five Thousand) with two sureties of the

                         like amount each to the satisfaction of the learned Trial Court

                         where the case is pending/successor Court in connection with

                         N.H. Bangra P. S. Case No.11 of 2026.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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