Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31247 of 2026 Arising Out of PS. Case No.-21 Year-2026 Thana- SONPUR RAIL P.S. District- Saran ====================================================== Pankaj Kumar S/o Shivji Singh S/o Village - Chausiya, Ward no. 1, P.S. - Sonepur, Dist. - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-05-2026 Heard Mr. Dhananjay Kumar Tiwary, learned counsel for the petitioner and Mr. Anant Kumar 1, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 12.03.2026 in connection with Soenpur Rail P.S. Case No. 21 of 2026, F.I.R. dated 11.03.2026for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Recovery is of 11.160 liters of foreign liquor.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case merely on the basis of suspicion. Altogether 11.160 liters of foreign liquor was recovered from the bag of the petitioner when he was coming from Purwanchal Express at Platform No.2 in Sonepur Railway Station. He

Patna High Court CR. MISC. No.31247 of 2026(2) dt.12-05-2026 2/3 further submits that seizure list witnesses are police personnel so, there is non-compliance of Section 103 and 105 of BNSS and the petitioner is in custody since 12.03.2026.

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

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Exclusive Special Excise court, Saran at Chapra in connection with Sonepur Rail P.S. Case No. 21 of 2026, subject to the following conditions:- i. 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 reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at

Patna High Court CR. MISC. No.31247 of 2026(2) dt.12-05-2026 3/3 any stage it is found that the petitioner has concealed his criminal antecedent, 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) Suruchi/- U T