Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions prescribed under Section 480(3) of the BNSS.
Summary
The petitioner, Pankaj Kumar, was arrested for allegedly transporting 151.200 liters of illicit foreign liquor in a Bolero vehicle, violating Sections 30(a) and 41(1) of the Bihar Prohibition & Excise Act. He claimed innocence, arguing that the seized vehicle was not under his control and that the search and seizure violated statutory requirements due to the absence of an independent witness. The State opposed his bail application. Considering the nature of the recovery, the petitioner’s custody since 12 April 2026, and his prior bail in another case, the court ordered his release on bail. Bail was granted upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 480(3) of the BNSS, including presence at court dates and a close relative as one bailor.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition & Excise Act.
- Whether the search and seizure of the alleged illicit liquor complied with statutory provisions.
Legislation cited
- Bihar Negotiable Securities Act — s. 480(3)
- Bihar Prohibition & Excise Act — s. 30(a), 41(1)
Subjects
- bail
- illicit liquor
- search and seizure
- excise law
- criminal procedure
- Section 480(3)
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42144 of 2026
Arising Out of PS. Case No.-116 Year-2026 Thana- DUMARIAGHAT District- East
Champaran
======================================================
Pankaj Kumar, S/o Suresh Ram, R/o Village- Jaltauli, P.S.- Bhore, District-
Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Dumariyaghat P.S. Case No. 116 of 2026,
registered for the alleged offence under Sections 30(a), 41(1) of
the Bihar Prohibition & Excise Act.
3. As per prosecution case, the petitioner was arrested
for transporting illicit liquor in a Bolero vehicle and recovery of
151.200 liters of illicit foreign liquor was made from the said
vehicle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the
Patna High Court CR. MISC. No.42144 of 2026(2) dt.01-07-2026
2/3
person/possession of the petitioner. The petitioner has no
concern with the seized vehicle from which recovery has been
made. There is violation of statutory provisions for search and
seizure as no independent witness has been joined. The
petitioner is in custody since 12.04.2026 and is having
antecedent of one case and he is on bail in that case.
5. Learned APP for the State opposes the submission
made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of recovery and the period of custody of the petitioner,
the petitioner above named is directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Excise Court No.3, East Champaran at
Motihari/court concerned in connection with Dumariyaghat P.S.
Case No. 116 of 2026, subject to the conditions mentioned in
Section 480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below.
Patna High Court CR. MISC. No.42144 of 2026(2) dt.01-07-2026
3/3
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail, the
bail bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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