Created by Fuzzy Cloud

Patna High Court

Pandav KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                      3/3




                    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/-

U


Continue reading with your account

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

Sign in to read

Checking your session…

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