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2026 DAILYLAW 34027 (PAT)

Pankaj Kumar v. The State of Bihar

CR. MISC./10803/2026 · 2026-02-13

R P Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10803 of 2026 Arising Out of PS. Case No.-174 Year-2025 Thana- DEWARIA District- Muzaffarpur ====================================================== Pankaj Kumar Son of Satnarayan Ray @ Satyanarayan Ray Resident of Village- Sakin Bangra, P.S.- Deoria, District- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kishore Saurabh, Advocate For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 13-02-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Deoria PS Case No. 174 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act. Earlier vide order dated 09.01.2026, passed in Cr. Misc. No. 86404 of 2025, anticipatory bail of the petitioner was dismissed as withdrawn by a Co-ordinate Bench of this Court. 3. The prosecution case, in short, is that 2347.785 liters liquor was recovered. Out of which, 225 liters of liquor was recovered from Scorpio vehicle and 2122.785 liters of liquor was recovered behind the house of co-accused, Md. Tahir. 4. Learned counsel for the petitioner submits that the Patna High Court CR. MISC. No.10803 of 2026(2) dt.13-02-2026 2/3 petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is neither the owner nor the driver of the vehicle in question and he has no concern with the same. The petitioner is in custody since 05.01.2026 and has got five (5) criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Deoria PS Case No. 174 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date Patna High Court CR. MISC. No.10803 of 2026(2) dt.13-02-2026 3/3 fixed at the trial and shall not remain absent on two consecutive dates without sufficient cause. (III) The petitioner will not tamper with the evidence or the witnesses during the trial. (IV) Petitioner shall not commit offence of similar nature in future. If any of the above conditions are violated, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner. Raj Kishore/- (Rudra Prakash Mishra, J) U T