Patna High Court

Pankaj Das @ Pankaj KumarversusThe State of Bihar

Decided: 17 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of antecedents under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Pankaj Das, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 30 litres of liquor were allegedly recovered from a public field. He argued that he had a clean antecedent, no conscious possession of the liquor, and that the alleged recovery occurred on land not belonging to him, based solely on secret information. The State opposed the bail, contending that the offence warranted detention. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs.500 bond with two sureties and subject to verification of the petitioner’s antecedents under Section 482(2) of the B.N.S.S. 6. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Whether the petitioner’s lack of conscious possession and clean antecedent justify the grant of anticipatory bail.
Whether Section 482(2) of the B.N.S.S. can be invoked to conditionally confirm anticipatory bail pending verification of antecedents.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Section 30(a)
Bihar Prohibition and Excise Act
clean antecedent
Section 482
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19904 of 2026
                      Arising Out of PS. Case No.-152 Year-2025 Thana- TAJPUR District- Samastipur
                 ======================================================
                 Pankaj Das @ Pankaj Kumar S/O Shankar Das Resident of village - Nisfi,
                 Ward No.10, Police Station- Tajpur District- Samastipur
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Kumar Singh
                 For the Opposite Party/s :       Mr. Dr. Kumar Uday Pratap
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-04-2026                  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 offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 30 litres of liquor from two gallon kept in an open

                   field. It is next submitted that petitioner was not arrested from the

                   spot as such nothing was recovered from his conscious possession

                   and even alleged recovery is from a place which does not belong

                   to the petitioner and is accessible to public at large and he came to

                   be implicated based on secret information which is the easiest way

                   to implicate someone without holding a proper investigation, when

                   petitioner admittedly is person with clean antecedent.

                                4. Learned A.P.P. for the State opposes the prayer for
           Patna High Court CR. MISC. No.19904 of 2026(2) dt.17-04-2026
                                                       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.500/- (Rupees five hundred) 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 Tajpur P.S.

                     Case No.152/2025, 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 even 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 is a person with clean antecedent, in that

                     event the provisional anticipatory bail order shall be confirmed

                     forthwith.



                                               (Satyavrat Verma, J)
amit/-
U      T

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