Patna High Court
Pankaj kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner subject to conditions.
Summary
The petitioner, Pankaj Kumar, was arrested on 10 January 2026 after 103.680 litres of liquor were recovered from a car he was driving, and he was charged under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the contraband, that no incriminating material was found on his person, and that he had no prior criminal record. The State opposed his bail, arguing the seriousness of the offences. The court noted the lack of material linking the petitioner to the liquor, the absence of a criminal antecedent, and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering these factors and the period of custody already served, the court decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and on the petitioner’s regular appearance before the trial court.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act for alleged possession of liquor.
- Whether the absence of incriminating material and the petitioner’s clean record justify bail despite the seriousness of the offences.
Legislation cited
Subjects
- bail
- excise
- liquor possession
- Bihar Prohibition and Excise Act
- criminal procedure
- driver
- section 103 Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9643 of 2026
Arising Out of PS. Case No.-150 Year-2026 Thana- Excise P.S. District- Patna
======================================================
Pankaj kumar Son of Late Pannalal Singh R/o Village - Sandalpur Kumhrar,
P.S - Bahadurpur, Distt. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
P.S. Case No. 150 of 2026, instituted for the offences punishable
under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 103.680 liters
liquor was recovered from car and the petitioner was arrested on
spot.
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
Patna High Court CR. MISC. No.9643 of 2026(2) dt.12-02-2026
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the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the petitioner is driver of
the car in question and has got no knowledge with regard to the
nature of goods loaded in the vehicle. The petitioner is in
custody since 10.01.2026 and has got no criminal antecedent.
There is no compliance of Section 103 of the Bharatiya Nagarik
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 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 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 Excise P.S. Case No.
150 of 2026, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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