Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22700 of 2026 Arising Out of PS. Case No.-29 Year-2026 Thana- AWTARNAGAR District- Saran ====================================================== Pankaj Kumar Son of Vijay Singh Resident of Village- Pahari Chowk Chanwari, P.S.- Sonepur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the State :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-04-2026 Heard Mr. Alok Kumar Alok, learned counsel for the petitioner and Mr. Narendra Kumar Singh, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 23.01.2026, in connection with Awtar Nagar P.S. Case No. 29 of 2026, F.I.R. dated 23.01.2026 registered for the offences punishable under Sections 317(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition & Excise Act.

3. Recovery is of 233.28 litres of Indian made foreign liquor.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.22700 of 2026(2) dt.07-04-2026 2/3 petitioner has not committed any offence as alleged in the F.I.R. it appears from the F.I.R. that the recovery been made from the vehicle in question and altogether 233.28 litres of Indian mde foreign liquor was recovered from the vehicle in question. He further submits that there is non-compliance of Section 103 of BNSS, 2023 and the petitioner is in custody since 23.01.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and there is non-compliance of Section 103 of the BNSS, 2023, let the petitioner, above named, be released on 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 1st Exclusive Special Excise Court, Saran at Chapra in connection with Awtar Nagar P.S. Case No. 29 of 2026, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.22700 of 2026(2) dt.07-04-2026 3/3 reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T