Patna High Court
Pankaj Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to a cash bond and conditions of appearance.
Summary
The petitioner, Pankaj Kumar Rai, was arrested in connection with the recovery of 145.8 litres of illicit foreign liquor from a vehicle and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was merely the driver, had no knowledge of the contraband, was not the owner of the vehicle, and that no incriminating article was found in his possession. The petitioner also argued that there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application. Considering the lack of direct evidence against the petitioner, his clean record, and the period of custody already served, the Court decided to grant bail subject to monetary surety and conditions of appearance.
Issues considered
- Whether the petitioner is entitled to bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, precludes the grant of bail.
Legislation cited
Subjects
- bail
- excise
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- Section 103
- Bharatiya Nagarika Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4135 of 2026
Arising Out of PS. Case No.-522 Year-2025 Thana- Excise P.S. District- Buxar
======================================================
Pankaj Kumar Rai Son of Hareram Ray @ Hare Ram @ Hareram Yadav
Resident of village - Gundi, Police Station - Krishnagarh, District - Bhojpur at
Ara.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Rai Sharma, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Buxar
Excise P.S. Case No. 522 of 2025 instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 145.800
litres of illicit foreign liquor has been recovered from the car.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is not the owner of the vehicle. It is further
submitted that petitioner is the driver of the vehicle in question
but he had no knowledge regarding the goods loaded in the
Patna High Court CR. MISC. No.4135 of 2026(2) dt.27-01-2026
2/2
vehicle. The petitioner has got no concern with the alleged
recovery of liquor. The petitioner is in custody since 17.12.2025
and has no criminal antecedent. There is no compliance of
Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Buxar Excise P.S.
Case No. 522 of 2025, subject to the following conditions:-
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
atul/-
U T
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