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Patna High Court

Pankaj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bihar Narcotic Substances Act.

Summary

Petitioner Pankaj Kumar sought anticipatory bail fearing arrest in a case under Section 318(4) of the Bihar Narcotic Substances Act, 2023 read with Sections 30(a) and 41(1) of the Bihar Excise Act, alleging recovery of 2,800.4 litres of liquor and seizure of a vehicle. He contended he has a clean antecedent, was not caught in possession, and the alleged contraband was recovered from land that does not belong to him, asserting that the investigation relied on secret information. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail subject to a bail bond of Rs. 500, two sureties, and verification of the petitioner’s criminal antecedent by the trial court. It directed that if any antecedent is discovered, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The order was made under Section 482(2) of the Bihar Narcotic Substances Act.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the pending case under Section 318(4) of the Bihar Narcotic Substances Act, 2023 read with the Bihar Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • Section 318
  • Bihar Excise Act
  • clean antecedent
  • provisional bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25239 of 2026
                    Arising Out of PS. Case No.-63 Year-2026 Thana- KALYANPUR District- Samastipur
                 ======================================================
                 Pankaj Kumar S/o Laxmi Mahto R/o Village - Bhutta Chowk (Gopalpur), P.S
                 - Kalyanpur, District - Samastipur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shubhesh Pandey, Advocate
                 For the Opposite Party/s :       Mr. Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-04-2026                  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 offences punishable under Section 318(4) of

                   the BNS, 2023 read with Sections 30(a) and 41(1) of the Bihar

                   Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 2800.4 liters of liquor from a bamboo orchard and

                   one Xylo vehicle was seized.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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
Patna High Court CR. MISC. No.25239 of 2026(2) dt.21-04-2026
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          and is not the owner of the seized vehicle and came to be

          implicated based on secret information which is the easiest way

          to implicate someone without holding a proper investigation.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          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

          Kalyanpur P.S. Case No. 63 of 2026 subject to the conditions as

          laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of even

          one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional

          anticipatory bail order shall not be confirmed, but after
            Patna High Court CR. MISC. No.25239 of 2026(2) dt.21-04-2026
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                      verification if 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)
Rishabh/-

U      T


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