Patna High Court
Pankaj Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the B.N.S.S.
Summary
Petitioner Pankaj Kumar Yadav sought anticipatory bail fearing arrest in a case involving alleged possession of 405 litres of illicit Nepali liquor seized from motorcycles, with charges under Sections 374, 375, 317(5), 3(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner asserted that he was neither the owner nor driver of the vehicles and that no incriminating article was found in his conscious possession, contending that the accusation was based merely on suspicion. He disclosed two prior criminal antecedents, one of a similar nature, both of which were on bail. The State opposed the anticipatory bail application. The Court, noting the lack of direct evidence against the petitioner and the nature of the accusation, granted anticipatory bail, directing that if arrested within eight weeks, the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted in the absence of incriminating material found in the petitioner's possession
- Whether the petitioner poses a risk of absconding, tampering with evidence, or influencing witnesses
- Applicability of Section 482(2) of the B.N.S.S. in granting anticipatory bail
Legislation cited
- Bihar Narcotic Substances (B.N.S.) — s. 317(5), 3(5), 374, 375, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- criminal antecedents
- bail bond
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21431 of 2026
Arising Out of PS. Case No.-39 Year-2025 Thana- HARLAKHI District- Madhubani
======================================================
Pankaj Kumar Yadav S/o Indal Yadav R/o Village - Umgaon, P.S - Harlakhi,
District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Ms. Archna Aanand, Advocate
For the State : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-05-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 374, 375,
317(5) and 3(5) of the B.N.S. and Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 405 litres illicit Nepali
liquor was recovered from the seized motorcycles.
4. It is submitted by learned counsel for the petitioner
that petitioner is quite innocent and has committed no offence.
Petitioner is neither owner nor driver of the seized vehicles in
question. No incriminating article has been recovered from
conscious possession of this petitioner and has been made an
Patna High Court CR. MISC. No.21431 of 2026(2) dt.05-05-2026
2/2
accused in this case merely on suspicion. Petitioner has got two
criminal antecedents out of which one is of similar nature and in
both the cases, petitioner is on bail.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the nature of accusation and the fact
that no incriminating article has been recovered from conscious
possession of this petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge,
Excise Act, Madhubani in connection with Harlakhi P.S. Case
No. 39 of 2025, subject to condition as laid down under Section
482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.