Patna High Court
Pankaj Poddar @ Pankaj PodarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Pankaj Poddar was arrested in connection with the seizure of 152.72 litres of illicit foreign liquor from a shop owned by Barun Kumar, and charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he was innocent, had no involvement with the shop or co‑accused, and possessed a clean antecedent, having been in custody since July 2025. The State opposed his bail application, arguing the seriousness of the offence. The High Court, after considering the facts, the duration of custody, and the petitioner's clean record, granted bail on a bond of Rs.10,000 with two sureties and imposed several conditions, including personal appearance at each trial date and verification of antecedents. The order emphasized that the bail conditions could be cancelled upon violation or discovery of concealed criminal antecedents, and that the observations made would not affect the trial.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and the period of custody.
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- criminal procedure
- Section 30(a)
- Bihar
- custody
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89545 of 2025
Arising Out of PS. Case No.-1149 Year-2025 Thana- SAHARSA SADAR District- Saharsa
======================================================
Pankaj Poddar @ Pankaj Podar Son of Late Vijay Poddar Resident of Village-
Khagariya Thana Road, Ward No. 18, P.S. and District- Khagariya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar Singh, Adv.
For the Opposite Party/s : Ms.Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 07-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Saharsa (Sadar), Saharsa P.S. Case No. 1149 of
2025 registered for the offence(s) punishable under Section(s)
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 152.72 litres of
illicit foreign liquor was recovered from the shop of one Barun
Kumar. The petitioner is said to have been apprehended at the
place of occurrence.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. It is further submitted that the petitioner has no concern
whatsoever with the shop and the other co-accused persons. It
Patna High Court CR. MISC. No.89545 of 2025(2) dt.07-01-2026
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has also been submitted that the seized liquor does not belong to
the petitioner. It has lastly been submitted that the petitioner has
clean antecedent and he is in custody since 07.10.2025.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Regard being had to the facts and circumstances of
the case and taking note of the fact that the petitioner has
remained in custody since 20.07.2025, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned court below where the
case is pending/successor court in connection Saharsa (Sadar)
Saharsa P.S. Case No. 1149 of 2025, subject to the following
terms and conditions :-
(i) One of the bailors shall be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will liable to be cancelled by the Court concerned.
Patna High Court CR. MISC. No.89545 of 2025(2) dt.07-01-2026
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(iv) If the petitioner, in future, is found to be involved
in similar nature of offence(s), the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
Gautam/-
U T
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