Patna High Court
Pankaj SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner subject to a bond of Rs.10,000, two sureties, and compliance with Section 482(2) of BNSS 2023.
Summary
The petitioner, Pankaj Singh, was implicated in an excise case where 2,060 litres of spirit were seized, and he faced charges under Sections 30(a), 32(3), 41(1) and 41(2) of the Bihar Prohibition and Excise Act. He contended that he was neither the owner nor the driver of the seized vehicle and that no incriminating material was found in his possession, asserting his innocence and clean antecedent. The State opposed his bail application. The Court, after considering the facts and the petitioner's clean record, ordered that he be released on bail upon surrender within eight weeks, provided he furnishes a bail bond of Rs.10,000 with two sureties of equal amount, subject to conditions under Section 482(2) of the BNSS 2023. The bail is to be satisfied before the Special Judge, Excise‑II, Aurangabad. The order reflects the Court’s discretion to grant bail in view of the petitioner’s circumstances.
Issues considered
- What is the appropriate bail disposition for the petitioner accused under the Bihar Prohibition and Excise Act?
- Whether the petitioner’s clean antecedent and lack of direct involvement justify granting bail?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3), 41(1), 41(2)
- BNSS, 2023 — s. 482(2)
Subjects
- bail
- excise
- prohibition
- criminal procedure
- clean antecedent
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40337 of 2026
Arising Out of PS. Case No.-388 Year-2026 Thana- Excise P.S. District- Aurangabad
======================================================
Pankaj Singh S/o Ravindra Singh Resident of Village- Manjhauliya, P.S.-
Amas, District- Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mukul Kumari , Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-06-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Sections 30 (a), 32(3), 41(1) and
41(2) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 2060 liters of
spirit was recovered from seized vehicles.
4. It is submitted that the petitioner is innocent and
has falsely been implicated in this case. Petitioner is neither
owner nor driver of seized vehicle. No incriminating material
has been recovered from the conscious possession of the
petitioner. Petitioner claims clean antecedent.
5 . Learned counsel for the State opposed the prayer
for bail.
Patna High Court CR. MISC. No.40337 of 2026(2) dt.29-06-2026
2/2
6. Considering the aforesaid facts, clean antecedent
of petitioner and other circumstances of case , in the event of
arrest/surrender within eight weeks from today, let the
petitioner, above named, 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 Court of Special
Judge, Excise-II, Aurangabad in connection with Excise P.S.
Case No. 388 of 2026, subject to the conditions laid down
under section 482 ( 2 ) of BNSS 2023.
(Prabhat Kumar Singh, J)
Koushik/Sanjay-
U T
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