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Patna High Court

Pankaj Singh @ Pankaj Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to bond and conditions.

Summary

The petitioner, Pankaj Singh, was charged under Sections 30(a), 33, 34 and 47 of the Bihar Prohibition and Excise Act for alleged possession of 300 litres of liquor recovered from a public area. He claimed false implication, noting that no liquor was found in his personal possession and that the recovery was from an open place. The State opposed bail, highlighting the petitioner’s eighteen prior criminal convictions and the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The Court, after considering the facts, the period of custody and the petitioner’s antecedents, decided to grant bail subject to a bond of Rs.15,000 with two sureties and several conditions regarding appearance, tampering with evidence, and future offences. The order directs release on bail after framing of charges, if not already done.

Issues considered

  • Whether bail should be granted to the petitioner despite multiple prior convictions and serious charges under the Bihar Prohibition and Excise Act.
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, precludes the grant of bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarika Suraksha Sanhita
  • criminal antecedents
  • Section 103
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62601 of 2025
                        Arising Out of PS. Case No.-61 Year-2025 Thana- AMNAUR District- Saran
                 ======================================================
                 Pankaj Singh @ Pankaj Kumar Singh Son of Late Krishna Singh Resident of
                 Village - Parshurampur (Nishak Bishunpur), P.S.- Amnaur, District - Saran at
                 Chapra

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dewendra Narayan Singh, Advocate
                 For the Opposite Party/s :       Mr. Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Amnaur

                   P.S. Case No. 61 of 2025 instituted for the offences punishable

                   under Sections 30(a), 33, 34, 47 of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that total 300 litres

                   of liquor has been recovered from cattle yard as also from the

                   bushes.

                               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
Patna High Court CR. MISC. No.62601 of 2025(3) dt.19-01-2026
                                             2/3




          from an open place which is accessible to public at large. The

          petitioner has got no concern with the alleged recovery of

          liquor. The petitioner is in custody since 02.06.2025 and has

          eighteen 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, after framing

          of charge, if not already framed, 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 Amnaur P.S. Case

          No. 61 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.
           Patna High Court CR. MISC. No.62601 of 2025(3) dt.19-01-2026
                                                       3/3




                                  (III) If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to move

                     for cancellation of bail.

                                  (IV) If the petitioner is found involved in the similar

                     nature of offence in future, the prosecution will be at liberty to

                     move for cancellation of bail.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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