Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Excise Act — s. 30(a)
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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