Patna High Court

Pankaj Kumar @ Pankaj RaiversusThe State of Bihar

Decided: 19 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Pankaj Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 45 of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that he was falsely implicated after a political dispute. The prosecution alleged that liquor was recovered from a house and that the petitioner, along with a group, created a disturbance and freed a detained individual. The petitioner argued that the allegations were fabricated because he had contested the election of the village Mukhiya. The court considered the petition and, applying Section 482(2) of the Criminal Procedure Code, granted provisional anticipatory bail subject to a bond of Rs.5,000 and two sureties, with a condition that the trial court verify his criminal antecedents. If more than one prior case is found, the bail would not be confirmed; if only one prior case, the bail would be confirmed immediately.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the pending case under the Bihar Prohibition and Excise (Amendment) Act, 2022
Whether the conditions imposed under Section 482(2) of the Criminal Procedure Code are appropriate
Whether the petitioner’s criminal antecedents affect the confirmation of anticipatory bail

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
liquor seizure
political motive
criminal antecedent
Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17507 of 2026
                       Arising Out of PS. Case No.-460 Year-2025 Thana- PATEPUR District- Vaishali
                 ======================================================
                 Pankaj Kumar @ Pankaj Rai S/O Pramod Rai R/O Village - Basti ,Khoajpur
                 Ward No.- 12, P.O- Pastara PS- Baligaon,Dist- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ashok Kumar Sinha
                 For the Opposite Party/s :        Mr.Bishweshwar Ram
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-03-2026                  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 offence punishable under Sections 30(a) and

                   45 of Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and the informant alleges

                   that 1.095 litres of liquor was recovered from the house of

                   Kamlesh and Gayatri was arrested but then petitioner along with

                   20-25 unknown persons came and created ruckus and freed

                   Gayatri Devi.         It is next submitted that petitioner has been

                   falsely implicated in the instant case only for the reason that he

                   had contested the election of Mukhiya.

                                4. Learned A.P.P. for the State opposes the prayer for
           Patna High Court CR. MISC. No.17507 of 2026(2) dt.19-03-2026
                                                       2/2




                     anticipatory bail of the petitioner.

                                  5. Considering the submissions made by the learned

                     counsel for the petitioner, the petitioner above-named, in the

                     event of his arrest or surrender 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 Patepur P.S. Case No.460/2025, subject to the

                     conditions as laid down under Section 482(2) of the B.N.S.S.

                                  6. It is made clear that the learned trial court thereafter

                     shall verify the criminal antecedents of the petitioner and in the

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

                     one case, in that event, it would be presumed that petitioner had

                     concealed his antecedent before this court, as such, the

                     provisional anticipatory bail order shall not be confirmed but if

                     on verification it is found that petitioner has antecedent of one

                     case, in that event the provisional anticipatory bail order shall be

                     confirmed forthwith.



                                               (Satyavrat Verma, J)
amit/-
U      T

Continue reading with your account

Checking your session…