Patna High Court

Pankaj KumarversusThe State of Bihar

Decided: 13 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

Petitioner Pankaj Kumar feared arrest in a case (Malsalami P.S. Case No. 610 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act after 1,000 litres of liquor were recovered near the Ganga river. The prosecution alleged his involvement, while the petitioner claimed he was falsely implicated based solely on local disclosures and had no knowledge of the recovery, which occurred in a public open area. He also highlighted that the authorities had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed his bail. The Court, after considering the submissions, granted anticipatory bail on the condition of a Rs. 15,000 bond and two sureties, invoking Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances.
Whether there is a prima facie case against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the failure to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail.
Whether Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, can be invoked for anticipatory bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
prohibition law
excise
Section 30
Section 482
Section 103
false implication
criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16830 of 2026
                      Arising Out of PS. Case No.-610 Year-2025 Thana- MALSALAMI District- Patna
                 ======================================================
                 Pankaj Kumar Son of Late Kameshwar Ray R/o Village - Rikabganj, P.S. -
                 Malsalami, Distt. - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Malsalami P.S. Case No. 610 of 2025 instituted for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                               3. The prosecution case, in short, is that total 1000

                   litres of liquor was recovered near the bank of Ganga river.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. The

                   name of the petitioner transpired in this case on the basis of

                   disclosure made by local people. Learned counsel further

                   submitted that petitioner has no knowledge and concern with the
           Patna High Court CR. MISC. No.16830 of 2026(2) dt.13-03-2026
                                                       2/2




                     alleged recovery. Learned counsel further submitted that the

                     alleged recovery has been made from an open place which is

                     accessible to public at large. Learned counsel, therefore,

                     submitted that prima-facie, no case is made out against the

                     petitioner. The petitioner has two criminal antecedents. There is

                     no compliance of Section 103 of the Bharatiya Nagarika

                     Suraksha Sanhita, 2023.

                                5. Learned APP 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, let the petitioner, above named, in the event of

                     arrest/surrender before the lower court within a period of six

                     weeks from today, be released on anticipatory bail on furnishing

                     bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Malsalami P.S. Case

                     No. 610 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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