Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42771 of 2026 Arising Out of PS. Case No.-94 Year-2026 Thana- SURYAGARHA District- Lakhisarai ====================================================== Pankaj Kumar Son of Krishna Dave Yadav @ Krishndev Yadav R/o Village - Khaira Ward No. 16, P.S.- Kajra, District - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brajesh Sahay, Advocate Mr. Umesh Prasad, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-07-2026 Heard Mr. Brajesh Sahay, learned counsel for the petitioner and Mr. Md. Nazir Ansari, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 19.04.2026, in connection with Surajgarha P.S. Case No. 94 of 2026, F.I.R. dated 19.04.2026 registered for the offences punishable under Sections 30(a), 32(3) and 32(c) of the Bihar Prohibition and Excise Act.

3. Recovery is of 90.00 litres of country made Mahua liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that recovery has been made from the

Patna High Court CR. MISC. No.42771 of 2026(2) dt.06-07-2026 2/3 vehicle in question and altogether 900.00 litres of country made Mahua liquor was recovered from the vehicle in question. It appears from the seizure list that the seizure list witnesses are police personnel so there is non-compliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 19.04.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries three more cases other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the out of three cases, the petitioner is on bail in two cases and rest one case is pending for consideration before the competent court of law.

6. Considering the facts and circumstances of the case and the fact that there is non-compliance of Sections 103 and 105 of the BNSS, 2023 and nothing has been recovered from the conscious possession of the petitioner, 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 District & Additional Sessions Judge-IV-cum-Special Excise Court 1st, Lakhisarai in connection with Surajgarha P.S. Case No. 94 of

Patna High Court CR. MISC. No.42771 of 2026(2) dt.06-07-2026 3/3 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 her absence on two consecutive dates without sufficient reason, her 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 her 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