Created by Fuzzy Cloud

Patna High Court

Uma Shankar PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.