Uma Shankar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.874 of 2026 Arising Out of PS. Case No.-901 Year-2025 Thana- FATUA District- Patna ====================================================== Uma Shankar Pandey S/o Late Satya Narayan Pandey R/o Village- Bhada, ward no 3, PS- Bagen Gola, District- Buxar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrit Abhijat, Adv.

For the Opposite Party/s :

Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Fatuha PS Case No. 901 of 2025 instituted for the offences under Sections 30(a) & 41(1) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 1987.2 liters of foreign liquor was recovered from the oil tanker, car and motorcycle parked in the house.

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

Patna High Court CR. MISC. No.874 of 2026(2) dt.19-01-2026 2/2 for the petitioner submits that the petitioner is neither the driver nor the owner of the said vehicles in question and he was implicated in this case by the police with ulterior motive. The petitioner is in custody since 06.12.2025 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, after framing of charge, if not already framed, 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 Fatuha PS Case No. 901 of 2025. (Rudra Prakash Mishra, J) Siddharth Soni/- U T