Patna High Court
Pankaj Chaudhary @ Pankaj ChaudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was granted as the petitioner had no criminal antecedent and no conscious possession of the seized liquor, in line with the precedent set in Ram Vinay Yadav v. State of Bihar.
Summary
Pankaj Chaudhary sought anticipatory bail after police seized 20 litres of country‑made liquor from a motorcycle he owned, alleging he had no conscious possession and no prior criminal record. The prosecution alleged the motorcycle belonged to the petitioner and that the seizure was under sections 30(a) of the Bihar Prohibition and Excise Act. The petitioner relied on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) if no offence is made out. The court, noting the petitioner’s lack of antecedents and the absence of recovered items from his possession, granted anticipatory bail with stringent conditions. The order remains subject to revocation if a criminal antecedent is later discovered.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
- Whether the petitioner’s ownership of the motorcycle, without conscious possession of the seized liquor, suffices to constitute an offence.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- possession
- criminal antecedent
- bail conditions
- section 76(2) bar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20754 of 2026
Arising Out of PS. Case No.-359 Year-2025 Thana- MADHUBAN District- East Champaran
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Pankaj Chaudhary @ Pankaj Chaudhari S/o Late Bhuwan Chaudhari R/o
Village- Jitaura, P.S.- Pakridayal, Distt- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar, Advocate
For the State : Mrs. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-04-2026 Heard Mr. Amit Kumar, learned counsel for the
petitioner and Mrs. Asha Kumari, learned APP representing the
State.
2. The petitioner is apprehending his arrest in
connection with Madhuban P.S. Case No. 359 of 2025 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act lodged on 30.09.2025 by the informant, Pradeep Kumar.
3. As per the prosecution story, the Police intercepted
a motorcycle and recovered/seized 20 liter country made liquor.
This led to the FIR.
4. Learned counsel for the petitioner submits that he
do not have criminal antecedent, nor anything has been
recovered from his conscious possession, only because he owns
the motorcycle which was given to a villager for emergency
Patna High Court CR. MISC. No.20754 of 2026(2) dt.08-04-2026
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purposes, got implicated.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that the
motorcycle belongs to him.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that petitioner do not have criminal antecedent nor anything
recovered from his conscious possession, in that background,
this Court is inclined to extend him the privilege of anticipatory
bail with conditions.
8. However, if it is found that the petitioner has
criminal antecedent, the present order shall become infructuous.
9. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
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receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Court of Exclusive Special Judge,
Excise-3, East Champaran, Motihari in connection with
Madhuban P.S. Case No. 359 of 2025 subject to the following
conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
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promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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