Created by Fuzzy Cloud

Patna High Court

Pankaj Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.