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Patna High Court

Pankaj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to a bail bond of Rs 30,000 and conditions under the B.N.S.S., 2023.

Summary

The petitioner, Pankaj Kumar, was implicated in a case involving the seizure of 56 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that he neither possessed the liquor nor was present at the scene, and his name appeared only through a co‑accused’s statement. The State opposed his bail, arguing the seriousness of the offence. The High Court, considering the lack of direct evidence against him and his clean antecedents, granted anticipatory bail subject to a Rs 30,000 bond and conditions under Section 2(1)(d) and Section 482(2) of the Bihar Narcotic Substances (Suppression) Act, 2023. The Court also directed the trial court to verify any undisclosed criminal antecedents and to cancel the bail if concealment is discovered.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the conditions imposed under Section 2(1)(d) and Section 482(2) of the Bihar Narcotic Substances (Suppression) Act, 2023 are appropriate.

Subjects

  • anticipatory bail
  • illicit liquor
  • prohibition act
  • criminal procedure
  • bail conditions
  • Bihar law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21759 of 2026
                        Arising Out of PS. Case No.-116 Year-2025 Thana- PANAPUR District- Saran
                 ======================================================
                 Pankaj Kumar S/o Madan Sahani Resident of Village- Hussepur, Naya Tola,
                 P.S.- Sahebganj, District- Muzaffarpur

                                                                                   ... ... Petitioner/s

                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anjani Parashar, Advocate
                 For the Opposite Party/s :        Mr. Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Panapur P.S. Case No. 116 of 2025 lodged on 04.04.2025,

                   for the offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. As per the prosecution, FIR has been lodged against

                   four named accused persons including the present petitioner.

                   Total recovery of 56 litres of illicit liquor has been made, which

                   is the subject matter of the present case.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.21759 of 2026(2) dt.08-04-2026
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          submits that nothing has been recovered from the conscious

          possession of the petitioner and he was also not present at the

          place of occurrence. Counsel submits that the petitioner’s name

          has figured in this case only by virtue of statement of arrested

          co-accused person. He further submits that the petitioner has

          clean antecedent and he is ready to fulfill all the conditions

          whatsoever shall be imposed upon him.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner.

                       6. In the present facts and circumstances of this case,

          let the above named petitioner be released on anticipatory bail,

          in the event of arrest or surrender before the Trial Court within a

          period of 4 weeks from today, on furnishing bail bond of

          Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section

          2(1)(d) of the B.N.S.S., 2023 to the satisfaction of 2nd Exclusive

          Special Excise Judge, Saran at Chapra, in connection with

          Panapur P.S. Case No. 116 of 2025, subject to the conditions as

          laid down U/s 482(2) of the B.N.S.S., 2023.

                       7. The Trial Court is directed to verify the criminal

          antecedent(s) of the petitioner, and in case, it is found at any

          stage that the petitioner has concealed the fact about his criminal

          antecedent(s), the Trial Court shall take steps for cancellation of
             Patna High Court CR. MISC. No.21759 of 2026(2) dt.08-04-2026
                                                         3/3




                       bail bond of the petitioner. However, the acceptance of the bail

                       bonds in terms of the above-mentioned order shall not be

                       delayed for the purpose of or in the name of verification.



                                                                     (Dr. Anshuman, J)
Divyansh/-

U      T


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