Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted to the petitioners subject to specified conditions.
Summary
The petitioners, a group of labourers, were arrested in connection with a seizure of 702 litres of foreign liquor from a warehouse, alleged to be under the Bihar Prohibition and Excise Act. They claimed innocence, stating they were merely workers and that the warehouse belonged to another person, and highlighted their clean antecedent and lack of incriminating material found on them. The State argued that two of the accused, including Pankaj Kumar, were managers who knew about the consignment. Considering the nature of the offence, the short period of custody since 4 April 2026, and the petitioners' clean record, the court granted bail on a bond of Rs.10,000 with two sureties each, subject to conditions under Section 480(3) of the BNSS. The bail order also required a close relative as a bailor and compliance with court dates, with cancellation provisions for non‑appearance.
Issues considered
- What is the appropriateness of granting bail to the accused under the Bihar Prohibition and Excise Act for offences involving large quantities of foreign liquor?
- Does the clean antecedent and short custody period justify bail despite the seriousness of the offences?
- Are the procedural requirements of the Bihar Prohibition and Excise Act and Section 480(3) of the BNSS satisfied for bail?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32, 41, 56(b), 62
- BNSS — s. 480(3)
Subjects
- bail
- excise
- foreign liquor
- Bihar Prohibition and Excise Act
- clean antecedent
- custody
- Section 480(3) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42931 of 2026
Arising Out of PS. Case No.-2158 Year-2026 Thana- Excise P.S. District- Patna
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1. Pankaj Kumar S/O Kabul Singh Resident of Dhokia, P.S. - Jatu Sana,
District - Khori, (Hariyana)
2. Raj Karan Kumar Son of Sri Prasad Resident - Rudapur, P.S. - Jagdishpur,
District - Amethi (Uttar Pradesh)
3. Shiv Karan Kumar @ Shiv Karan S/O Sri Prasad Resident - Rudrapur, P.S. -
Jagdishpur, District - Amethi (Uttar Pradesh)
4. Ram Suraj Kumar @ Ram Suran Kumar Son of Sri Prasad Resident -
Rudrapur, P.S. - Jagdishpur, District - Amethi (Uttar Pradesh)
5. Kamlesh Kumar Son of Pullu Nishad Resident of Semarghat, P.S. -
Sultanpur, District - Sultanpur (Uttar Pradesh).
6. Niraj Kumar Son of Late Harischandra Kumar Nishad Resident of Kotwa,
P.S. Kotwa Musafirkhana, District - Amethi (Uttar Pradesh)
7. Sharwan Nishad @ Sarwan Nishad Son of Suresh Nishad Resident of
Sultanpur, P.s. Kamla Nehru District - Sultanpur (Uttar Pradesh)
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anuj Kumar
For the Opposite Party/s : Mr.Gulnar Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. In the present case, the petitioners seek bail in
connection with Patna Excise P.S. Case No. 2158 of 2026,
registered on 04.04.2026 for the offences under Section 30(a),
32, 41, 56(b), 62 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, secret information was
received about foreign liquor kept in a warehouse for its
transportation to different places. A raid was conducted and
from search of a truck parked in the premises, recovery of 702
litres of foreign liquor was made. The petitioners and coaccused
Ramendra Sharma were apprehended from the spot.
Patna High Court CR. MISC. No.42931 of 2026(2) dt.01-07-2026
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4. Learned counsel appearing on behalf of the
petitioners submits that the petitioners are innocent and have
been falsely implicated in this case. The warehouse belongs to
one Dinendra Kumar and petitioner Pankaj Kumar is said to be
the manager of the said warehouse. However, nothing
incriminating has been recovered from person or possession of
the petitioners. All the petitioners are labourers who used to
work in different warehouses for earning their livelihood and
petitioner Pankaj Kumar was not the manager. Search and
seizure has not been made following the mandatory provisions
of law. The petitioners are in custody since 04.04.2026.
Petitioners are having clean antecedent.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioners. Learned APP
submits that petitioner Pankaj Kumar and one Ramendra
Sharma are stated to be the managers and they knew about the
consignment and were transporting the same.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
clean antecedent of the petitioners, nature of recovery and
period of custody of the petitioners, the petitioners are directed
to be released on bail, on furnishing bail bonds of Rs.10,000/-
Patna High Court CR. MISC. No.42931 of 2026(2) dt.01-07-2026
3/3
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned Special Judge Excise
-IIIrd, Patna/concerned court, in connection with Patna Excise
P.S. Case No. 2158 of 2026, subject to the condition laid down
under Section 480(3) of the BNSS and other following
conditions:
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioners will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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