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2026 DAILYLAW 28583 (PAT)

Pankaj kumar @ Pankaj Kumar yadav @ Pankaj Yadav v. The State of Bihar

CR. MISC./40930/2026 · 2026-07-31

Girijish Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40930 of 2026 Arising Out of PS. Case No.-164 Year-2025 Thana- Balwahat District- Saharsa ====================================================== Pankaj kumar @ Pankaj Kumar yadav @ Pankaj Yadav Son of Late Chhotelal Yadav Resident of Village - Mainma, Ward no. 14, Ps- Balwahat, Dist- Saharsa ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR ORAL ORDER 3 31-07-2026 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing for the State. 2.Petitioner is in custody in connection with Balwahat P.S. Case No. 164 of 2025 registered for the offence punishable under Section 30(a) and 41 of the Bihar Prohibition and Excise Act. 3. As per the allegation in the FIR, total 48 litres illicit country made liquor and other items used for manufacturing liquor were recovered from basbadi (bamboo thicket) of Rajo Pandit. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that, in fact, the alleged recovery has Patna High Court CR. MISC. No.40930 of 2026(3) dt.31-07-2026 2/2 been made from basbadi (bamboo thicket) of Rajo Pandit and the petitioner has no concern either with the basbadi (bamboo thicket) or recovered liquor in any manner. He further submits that the name of the petitioner has been dragged in this case due to previous criminal antecedents. He next submits that the petitioner is in custody since 02.04.2026 and he has got six criminal antecedents, in which he is on bail, as is evident from paragraph 3 of the bail petition. 5. Learned APP appearing on behalf of the State vehemently opposes the prayer for bail of the petitioner and submits that the petitioner has six criminal antecedents and those are of same nature. 6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner be released on bail, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (Excise) I, Saharsa in connection with Balwahat P.S. Case No. 164 of 2025. dhaneshwar/- (Girijish Kumar, J) U T