Patna High Court
Pankaj Chaudhary @ Pankaj Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Pankaj Chaudhary, applied for anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of liquor from public places. He argued that he was not caught in possession, the alleged recovery sites did not belong to him, and the police investigation was mechanically driven by a hostile informant. The State opposed the bail, citing the petitioner’s antecedent of five prior cases, four of which were under the Excise Act. The Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 25,000 with two sureties and appear before the trial court within six weeks. The order also stipulated that if the trial court finds the petitioner has more than five prior cases, the bail would be revoked; otherwise, it would be confirmed.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the BNSS despite the petitioner’s criminal antecedent.
- Whether the absence of seized liquor in the petitioner’s possession justifies denial of bail.
- Whether the police investigation was proper or mechanically driven by a hostile informant.
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- criminal antecedent
- police investigation
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25752 of 2026
Arising Out of PS. Case No.-66 Year-2026 Thana- JANTA BAZAR District- Saran
======================================================
Pankaj Chaudhary @ Pankaj Kumar Chaudhary Son of Rajesh Chaudhary R/o
Vill. - Shobhipur, P.S. - Janta Bazar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar Tiwary
For the Opposite Party/s : Mr. Rabindra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 15-05-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Mr. Rabindra Kumar.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases out of which four cases
are under the Excise Act and allegation is of recovery of 25
liters of liquor from a place near a pond and 10 liters of liquor
from a place near graveyard.
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.25752 of 2026(3) dt.15-05-2026
2/3
and is accessible to public at large and he came to be implicated
at the instance of Chowkidar with whom he is on an inimical
term. It is also submitted that once an accused is implicated in a
case relating to excise, the police starts implicating
mechanically either at the instance of Chowkidar, local person,
confessional statement or secret information 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.
25000/- (Rupees Twenty Five Thousand) 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 Janta Bazar P.S. Case No. 65 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 more than five
cases then it would be presumed that petitioner, for the purposes of
Patna High Court CR. MISC. No.25752 of 2026(3) dt.15-05-2026
3/3
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of five cases only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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