Pancham Kumar Singh @ Panchan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39432 of 2026 Arising Out of PS. Case No.-56 Year-2026 Thana- AMBA District- Aurangabad ====================================================== Pancham Kumar Singh @ Panchan kumar singh S/o Uday Singh R/o of Village - Singhana, PS - Amba, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dayanand Singh, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-06-2026 Heard Mr. Dayanand Singh, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 02.04.2026, in connection with Amba P.S. Case No. 56 of 2026, F.I.R. dated 01.04.2026 registered for the offences punishable under Sections 274, 275 of the B.N.S. and Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022.

3. Recovery is of 160.00 litres of country made Mahua 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 it appears from the F.I.R. as well as seizure list that altogether 160

Patna High Court CR. MISC. No.39432 of 2026(2) dt.23-06-2026 2/3 litres of country made Mahua liquor was recovered from the motorcycle in question and the petitioner is not the owner of the motorcycle in question and he has been made accused in the present case merely on the basis of suspicion.. It appears from the seizure list that the seizure list witnesses are Bihar Home Guard personnel and police personnel so there is noncompliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 02.04.2026.

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 that the petitioner having clean antecedent and recovery has been made from the motorcycle in question and petitioner is not the owner of the motorcycle in question as well as there is non-compliance of Sections 103 and 105 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 District & Additional Sessions Judge cum Exclusive Special Judge, Excise Court No. 1, Aurangabad in connection with Amba P.S. Case No. 56 of 2026, subject to the following

Patna High Court CR. MISC. No.39432 of 2026(2) dt.23-06-2026 3/3 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 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