Patna High Court

Pankaj KumarversusThe State of Bihar

Decided: 15 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s criminal antecedents and compliance with the conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Pankaj Kumar, feared arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 1,842 litres of liquor from a truck. He argued that he was not caught in possession, was not the owner of the truck, and was implicated solely on secret information without proper investigation. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and subject to verification of the petitioner’s criminal antecedents. The order stipulated that if more than one antecedent case is found, the bail would not be confirmed; if only one antecedent is found, the bail would be confirmed forthwith.

Issues considered

Whether anticipatory bail can be granted to the petitioner in a case under Section 30(a) of the Bihar Excise Act.
Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for provisional anticipatory bail.

Subjects

anticipatory bail
excise law
Section 30
Bihar Excise Act
criminal antecedent
high court order
provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13465 of 2026

                      Arising Out of PS. Case No.-419 Year-2025 Thana- BAHERA District- Darbhanga
                 ======================================================
                 Pankaj Kumar Son of Raj Kishor Das Resident of Village - Benipur, P.S.-
                 Bahera, District - Darbhanga.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saurav Anand, Advocate
                 For the Opposite Party/s :       Mr. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 1842 liters of liquor from a truck.

                                4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of the seized truck and came to be implicated based on
Patna High Court CR. MISC. No.13465 of 2026(2) dt.15-04-2026
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          secret information which is the easiest way to implicate

          someone without holding a proper investigation. It is also

          submitted that of late police has started implicating accused

          with criminal antecedent in cases relating to excise for obvious

          reasons.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       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 Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          5000/- (Rupees Five 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 Bahera

          P.S. Case No. 419 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of more than one

          case then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
            Patna High Court CR. MISC. No.13465 of 2026(2) dt.15-04-2026
                                                        3/3




                      confirmed, but after verification if it is found that petitioner has

                      antecedent of one case only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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