Patna High Court
Pandav KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court allowed the petition for anticipatory bail, granting it subject to conditions.
Summary
Petitioner Pandav Kumar sought anticipatory bail after being named in a FIR for alleged possession of 134.820 litres of foreign liquor seized from a Maruti car, under Section 30(a) of the Bihar Prohibition of Excise Act. The prosecution’s case relied on a co‑accused’s statement that the petitioner owned the vehicle, while the petitioner claimed he had lent the car to his brother‑in‑law in good faith and had no knowledge of its use for illicit liquor. He has no prior criminal record and was not present at the place of seizure. The State opposed the bail, arguing that the petitioner is a named accused. The court, considering the petitioner’s clean antecedent, lack of presence at the scene, and the circumstances, granted anticipatory bail subject to a bail bond and sureties, under Section 438(2) of the Cr.P.C. The order directs surrender to the Special Judge within six weeks.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 of the Criminal Procedure Code in a case involving alleged violation of Section 30(a) of the Bihar Prohibition of Excise Act.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- foreign liquor
- Bihar Prohibition of Excise Act
- Criminal Procedure Code
- Section 438
- clean antecedent
- vehicle ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9261 of 2026
Arising Out of PS. Case No.-19 Year-2018 Thana- BAISI District- Purnia
======================================================
Pandav Kumar Son of Pramod Sah R/O Vill.- Babhuna (Babhana) Rajajan,
P.S.- Gangour, District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar
For the Opposite Party/s : Mrs. Veena Kumari Jaiswal
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Baisi P.S. Case No. 19/2018 registered for the
offences punishable under Section 30(a) of the Bihar
Prohibition of Excise Act.
3. As per prosecution case, there is alleged
recovery of 134.820 liters foreign liquor from the Maruti car in
question. Apprehended co-accused Rajesh Mandal disclosed the
name of the petitioner who is the owner of the said car.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR. The petitioner bears no criminal antecedent. The
petitioner was not found at the place of occurrence. No
Patna High Court CR. MISC. No.9261 of 2026(2) dt.19-02-2026
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incriminating article has been recovered from the possession of
the petitioner. The petitioner has no concern with the seized
liquor. He orally submits that the name of the petitioner
transpired in this case as an owner of the said car and the
petitioner has given the said car to his brother-in-law (sala) in
good faith for urgent work and he has misused the same. The
petitioner has no knowledge that the said car is being used for
carrying illicit liquor. In the light of the aforesaid facts and
circumstances of the case, no case is made out against the
petitioner under the provision of Bihar Prohibition of Excise
Act.
5. The learned A.P.P. for the State opposed the
prayer for anticipatory bail of the petitioner and submitted that
the petitioner is FIR named accused and he cannot escape from
the allegation made in the FIR.
6. Considering the facts and circumstances of the
case, keeping in view clean antecedent of petitioner, petitioner
was not found at the place of occurrence, argument advanced
on behalf of both sides and also taking into consideration the
material available on record, the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
Patna High Court CR. MISC. No.9261 of 2026(2) dt.19-02-2026
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anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of learned Court of learned Exclusive Special Judge
Excise No. 1, Purnea in connection with Baisi P.S. Case No.
19/2018, subject to the conditions as laid down under Section
438 (2) of the Cr.P.C.
7. The application stands allowed.
(Alok Kumar Pandey, J)
amitkumar/-
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