Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application conditionally, subject to verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Pankaj Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under the Excise Act alleging recovery of 608 litres of liquor from his vehicle. He argued that he was not in possession of the liquor, was unaware of the vehicle's misuse, and that ownership alone should not implicate him. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.20,000 with two sureties, and directed verification of his criminal antecedent. It stipulated that if more than four prior cases are found, the bail would be revoked; if exactly four, the bail would be confirmed. The application was allowed subject to these conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC given the alleged offences under the Excise Act.
- Whether ownership of the vehicle used in the alleged offence suffices to justify denial of bail.
- Whether the petitioner’s prior criminal antecedent (four cases) affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 32, 36, 41
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- vehicle ownership
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1261 of 2026
Arising Out of PS. Case No.-115 Year-2025 Thana- JAHANABAD District- Jehanabad
======================================================
Pankaj Kumar S/o- Dinesh Prasad Gupta R/v- Vishkarma Colony
Kheminichak, P.S - Ramkrishna Nagar, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binay Kumar Singh
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 06-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 30(a), 32, 36 and 41 of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of four cases under the Excise Act
and allegation is of recovery of 608 litres of liquor from a car.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing a crime and thus, would create
Patna High Court CR. MISC. No.1261 of 2026(4) dt.06-04-2026
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evidence against himself and hence, would get implicated. It is
further submitted that petitioner was completely unaware that
Satendra Kumar would misuse the vehicle in the manner as
alleged as he was also apprehended at the spot.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.20,000/- (Rupees Twenty Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Trial Court where the case is pending/successor Court in
connection with Jehanabad (Karauna) P. S. Case No.115 of
2025, subject to the conditions laid down under Section 438(2)
of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than four cases,
Patna High Court CR. MISC. No.1261 of 2026(4) dt.06-04-2026
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then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of four cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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