Patna High Court
Pankaj Kumar @ PankajversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Pankaj Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 54.69 litres of liquor from an auto-rickshaw and 1.8 litres from a motorcycle. He argued that he was not arrested at the spot, the liquor was not found in his conscious possession, and he was only the owner of the motorcycle used by a friend who fled the scene. The petitioner asserted a clean criminal antecedent and claimed he was unaware of his friend's misuse of the vehicle. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties, conditioned on verification of the petitioner’s antecedent by the trial court; if any antecedent is found, the bail will not be confirmed, otherwise it will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Criminal Procedure Code in a case under the Bihar Prohibition and Excise Act.
- Whether ownership of the vehicle used for alleged liquor transport suffices to implicate the owner in the offence.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- liquor possession
- vehicle ownership
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25390 of 2026
Arising Out of PS. Case No.-319 Year-2022 Thana- JOKIHAT District- Araria
======================================================
Pankaj Kumar @ Pankaj Son of Nand Lal Yadav Resident of Village-
Bhatsara, Ward No 11, P.S.- Barhara Kothi, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 54.69 litres of liquor from an auto and 1.800 litres
of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of the seized motorcycle. It is next submitted that no
prudent person would use his own vehicle for committing an
Patna High Court CR. MISC. No.25390 of 2026(2) dt.18-04-2026
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occurrence and, thus, would create evidence against himself
and, hence, would get implicated. It is also submitted that
petitioner was completely unaware that his friend would misuse
the vehicle in the manner as alleged who also fled from the spot.
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 appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender 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 Jokihat
(Mahalgaon) P.S. Case No. 319 of 2022, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.25390 of 2026(2) dt.18-04-2026
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application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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