Patna High Court
Pancham Rai @ Panchan Rai @ Pancham RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Pancham Rai, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 15 litres of illicit country-made liquor recovered from a public place. He contended that he was falsely implicated, no liquor was found in his personal possession, and the recovery was from an open area accessible to the public. The State opposed bail, citing the seriousness of the offence and the petitioner’s two prior criminal antecedents. The court noted the lack of direct incriminating evidence against the petitioner and the absence of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Considering these factors and the period of custody already endured, the court granted bail on condition of a Rs.15,000 bond with two sureties.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts of the case.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- illicit liquor
- prohibition law
- Section 30(a)
- Section 103
- criminal antecedents
- India
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4179 of 2026
Arising Out of PS. Case No.-894 Year-2025 Thana- MANER District- Patna
======================================================
Pancham Rai @ Panchan Rai @ Pancham Ray S/o Rameshwar Rai R/o
Village - Sadikpur Bagicha, P.S - Maner, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Patanjali Rishi, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, 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 Special
Case No. 2381 of 2025 arising out of Maner P.S. Case No. 894
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 15 litres
of illicit country-made liquor has been recovered from gallon.
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 rather the recovery has been made
from an open place which is accessible to public at large. The
Patna High Court CR. MISC. No.4179 of 2026(2) dt.27-01-2026
2/2
petitioner has got no concern with the alleged recovery of
liquor. The petitioner is in custody since 30.11.2025 and has two
criminal antecedents. 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 Special Case No.
2381 of 2025 arising out of Maner P.S. Case No. 894 of 2025.
(Rudra Prakash Mishra, J)
atul/-
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