Patna High Court
Pankaj Kumar Sah @ Pankaj SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
Pankaj Kumar Sah was arrested in connection with a case involving the seizure of 72 litres of liquor, a pistol and live cartridges. He was charged under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita, 2023, Section 30(a) of the Bihar Prohibition and Excise Act, and Sections 25(1‑b)a, 26 and 35 of the Arms Act. The petitioner contended that he was falsely implicated, that no incriminating article was found in his possession, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, citing the seriousness of the offences and the petitioner’s prior criminal antecedent. After considering the facts, the court found merit in the petitioner's claim of lack of direct possession and granted bail on condition of a Rs. 15,000 bond with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under the Bharatiya Nyaya Sanhita, Bihar Prohibition and Excise Act and the Arms Act
- Whether the absence of incriminating material in the petitioner's possession and non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, justify bail
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- bail
- criminal procedure
- liquor offence
- arms offence
- false implication
- Section 103
- prior criminal antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91763 of 2025
Arising Out of PS. Case No.-174 Year-2025 Thana- LAUKAHA District- Madhubani
======================================================
Pankaj Kumar Sah @ Pankaj Sah Son of Jay Narayan Sah Resident of
Village- Dhobiyahi, P.S.- Laukahi, District- Madhubani, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mrs. Gulnar Begum, 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 Laukaha
P.S. Case No. 174 of 2025 instituted for the offences punishable
under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita,
2023 and 30(a) of the Bihar Prohibition and Excise Act amd
25(1-b)a, 26, 35 of the Arms Act.
3. The prosecution case, in short, is that total 72 litres
of liquor was recovered from motorcycle. It is further alleged
that one country-made pistol and two live cartridges have also
been recovered.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
Patna High Court CR. MISC. No.91763 of 2025(2) dt.19-01-2026
2/2
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicle in
question or the alleged recovery of liquor and arms. The
petitioner is in custody since 29.10.2025 and has one criminal
antecedent. 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 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 Laukaha P.S. Case
No. 174 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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