Patna High Court

Pankaj PanditversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court exercised its discretion to grant bail to the petitioner, subject to monetary sureties and conditions of appearance.

Summary

Pankaj Pandit was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 135 litres of foreign liquor were recovered from a pickup van he owned. The petitioner claimed he had no knowledge of the liquor and that no incriminating material was found on his person, asserting his innocence despite having one prior criminal antecedent and having been in custody since 7 December 2025. The State opposed bail, arguing the seriousness of the offence. The Court considered the lack of direct evidence, the petitioner’s claim of ignorance, and the period of custody, and decided to grant bail subject to monetary sureties and conditions of appearance. The order directed the petitioner to furnish a bail bond of Rs.15,000 with two sureties, one of whom must be a close family member, and warned of cancellation upon default of appearances.

Issues considered

What is the appropriate exercise of discretion by the Court in granting bail to an accused under Section 30(a) of the Bihar Prohibition and Excise Act where the accused claims lack of knowledge and no incriminating material is found on his person?

Subjects

bail
prohibition and excise
foreign liquor
Section 30(a)
Section 103
Bihar law
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.977 of 2026
                   Arising Out of PS. Case No.-349 Year-2019 Thana- GOVERNMENT OFFICIAL COMP.
                                                      District- Purnia
                 ======================================================
                 Pankaj Pandit S/o Late Bilash Pandit R/o Village- Pakra, Near Hanuman
                 Mandir, Pakra, Thana- Naugachia, District- Bhagalpur

                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Ranjan Kumar Jha, Adv.
                 For the Opposite Party/s :    Mr. Kanhaiya Kishore (App.100)
                 ======================================================
                 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 C.I. Case

                   No. 349 of 2019 instituted for the offences under Section 30(a) of

                   the Bihar Prohibition and Excise Act.

                           3. The prosecution case, in short, is that 135 liters of foreign

                   liquor was recovered from the pick-up van.

                           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

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel

                   for the petitioner submits that the petitioner is the owner of the
           Patna High Court CR. MISC. No.977 of 2026(2) dt.19-01-2026
                                                       2/2




                     vehicle in question and he has no knowledge regarding the nature

                     of goods kept in the vehicle. The petitioner is in custody since

                     07.12.2025 and has got one criminal antecedent. There is no

                     compliance of Section 103 of the BNSS, 2023.

                             5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties of the

                     like amount each to the satisfaction of Court below/concerned

                     Court in connection with C.I. Case No. 349 of 2019, 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

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.

                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-
U      T

Continue reading with your account

Checking your session…