Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that anticipatory bail is to be granted, subject to conditions, as the allegations do not warrant denial of bail.
Summary
The petitioner sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 25 litres of country‑made liquor from beneath his gumti. The FIR named him based on the statement of a co‑accused, but no liquor was found in his personal possession and there were no independent witnesses to the seizure. The State opposed bail citing a prior similar offence, though the petitioner was already on bail in that matter. The petitioner offered to deposit a nominal sum with the High Court Legal Services Committee. The Court, after considering the facts, granted anticipatory bail subject to a Rs 10,000 bond, two sureties, compliance with Section 438(2) Cr.P.C. and Section 482(2) BNSS 2023, a blood‑relative bailor, and cooperation with the investigation.
Issues considered
- Whether anticipatory bail should be granted under Section 438 Cr.P.C. in the present facts
- Whether the lack of direct recovery from the petitioner and absence of independent witnesses justify bail
- Whether the petitioner’s prior criminal antecedent of a similar nature bars anticipatory bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- Cr.P.C. 438
- BNSS 482
- liquor offence
- bail conditions
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25973 of 2026
Arising Out of PS. Case No.-55 Year-2026 Thana- NAGAR District- Vaishali
======================================================
Pankaj Kumar Son of Chhotan Rai Resident of Village- Konhara Chowk,
Ward No. 16, P.S.- Hajipur Town, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vasant Vikas, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 24-04-2026 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 30(a) of the
Bihar Prohibition and Excise Act.
3. The allegation in the First Information Report is
that 25 litres of country made liquor has been recovered beneath
the gumti of the petitioner.
4. Learned counsel for the petitioner submits that the
name of the petitioner was disclosed by the apprehended co-
accused, Raja Kumar from whose possession 4 litres of country
made liquor was recovered. There is no recovery from personal
or conscious possession of the petitioner. It is submitted that
there is no independent witness to the search and seizure.
Patna High Court CR. MISC. No.25973 of 2026(2) dt.24-04-2026
2/3
5. Learned APP for the State opposed the prayer for
anticipatory bail submits that the petitioner has one criminal
antecedent of similar nature. However, in response it has been
submitted that the petitioner is on bail in the said case.
6. Petitioner has offered to deposit a sum of
Rs.2,000/- (Rupees Two Thousand) in Patna High Court Legal
Services Committee, Patna, bearing Account
No.1413010060836, IFSC Code: PUNB0141320, Punjab
National Bank, Bar Council Branch, Patna.
7. Taking into consideration the facts and
circumstances of the case, let the above named petitioner, be
released on bail, in the event of his arrest or surrender before the
learned Court below within a period of four weeks from today,
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
Court in connection with Hajipur Town P.S. Case No. 55 of
2026, subject to the condition as laid down under Section 438
(2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik
Suraksha Sanhita (BNSS), 2023, subject to condition(s) that:
(i) One of the bailors will be his own blood
relative, preferably, father, mother, brother,
sister and/or his wife.
Patna High Court CR. MISC. No.25973 of 2026(2) dt.24-04-2026
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(ii) The petitioner shall co-operate with the
investigation, if not already concluded and
make himself available as and when so
required, failing which the prosecution will be
at liberty to move cancellation of his bail bond.
8. The bail bond of the petitioner shall be accepted by
the learned Court below on showing receipt of deposit of the
aforesaid amount in the account of Patna High Court Legal
Services Committee, Patna.
(Soni Shrivastava, J)
anand/-
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