Patna High Court
Uma Shankar PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Uma Shankar Pandey, was arrested in connection with a case alleging possession of 1,987.2 liters of foreign liquor recovered from an oil tanker, car and motorcycle parked at his residence. He was charged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act and has been in custody since 6 December 2025, with one prior criminal antecedent. The petitioner contended that he was neither the driver nor the owner of the vehicles, that no incriminating material was found in his possession, and that the police had implicated him with ulterior motive, also noting non‑compliance with Section 103 of the BNSS, 2023. The State opposed bail. Considering the lack of direct evidence, the period of custody already served, and the procedural lapse, the Court decided to grant bail, subject to a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused in a case under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act given the facts of the case.
- Whether the non‑compliance of Section 103 of the BNSS, 2023, and the absence of incriminating material in the accused's possession warrant bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- criminal procedure
- Section 103
- police misconduct
- antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.874 of 2026
Arising Out of PS. Case No.-901 Year-2025 Thana- FATUA District- Patna
======================================================
Uma Shankar Pandey S/o Late Satya Narayan Pandey R/o Village- Bhada,
ward no 3, PS- Bagen Gola, District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrit Abhijat, Adv.
For the Opposite Party/s : Mr. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Fatuha PS
Case No. 901 of 2025 instituted for the offences under Sections
30(a) & 41(1) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 1987.2 liters of
foreign liquor was recovered from the oil tanker, car and
motorcycle parked in the house.
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. Learned counsel
Patna High Court CR. MISC. No.874 of 2026(2) dt.19-01-2026
2/2
for the petitioner submits that the petitioner is neither the driver
nor the owner of the said vehicles in question and he was
implicated in this case by the police with ulterior motive. The
petitioner is in custody since 06.12.2025 and has got one
criminal antecedent. 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 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 Fatuha PS Case No. 901 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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