Patna High Court
Sapan PanditversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Sapan Pandit, was arrested as the driver of a vehicle from which 764.625 litres of foreign liquor was seized, alleged to be in violation of Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the illicit liquor, that no incriminating material was found in his possession, and that he has a clean criminal record. The State opposed bail, arguing the seriousness of the offence. The Court noted the petitioner’s clean antecedent, lack of direct evidence, and the fact that he had been in custody since 4 December 2025, and observed non‑compliance with Section 103 of the BNSS, 2023. Accordingly, the Court granted bail on a bond of Rs 15,000 with two sureties, subject to conditions regarding family surety, regular appearance, and possible cancellation on default.
Issues considered
- Whether bail should be granted to the petitioner under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s lack of direct incriminating material and clean antecedent justify bail.
- Whether Section 103 of the BNSS, 2023, has been complied with in the bail application.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- excise
- foreign liquor
- Bihar Prohibition and Excise Act
- criminal procedure
- clean antecedent
- driver
- seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4444 of 2026
Arising Out of PS. Case No.-495 Year-2025 Thana- Excise P.S. District- Banka
======================================================
Sapan Pandit Son of Bholanath Pandit Resident of village - Khijuria, P.S.-
Fatehpur, District - Jamtara (Jharkhand).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Akbar Ali, 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 Banka
Excise PS Case No. 495 of 2025 instituted for the offences
under Section/s 30(a) & 32(3) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 764.625 liters
foreign liquor was recovered from pickup vehicle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.4444 of 2026(2) dt.27-01-2026
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that name of the petitioner has surfaced in this case as being
driver of the vehicle in question and he was oblivious of the fact
that illicit liquor was laden in the vehicle. The petitioner is in
custody since 04.12.2025 and has got no criminal antecedent/s.
There is no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. 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, clean antecedent of the petitioner and 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, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs.15,000/- (Fifteen thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Banka Excise PS Case No. 495 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
Patna High Court CR. MISC. No.4444 of 2026(2) dt.27-01-2026
3/3
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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