Patna High Court
Pankaj Kumar @ Haricharan RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Pankaj Kumar, sought anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Excise Act alleging recovery of 7.4 litres of liquor from a premises adjacent to his house. He argued that the liquor was not in his possession and that the informant, a local resident, failed to report his involvement earlier, casting doubt on the prosecution's case. The State opposed the bail, contending the seriousness of the offence. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed verification of the petitioner’s criminal antecedent. The order stipulated that if more than two prior cases are found, the bail would be cancelled; otherwise, it would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Criminal Procedure Code in a case under Section 30(a) of the Bihar Excise Act.
- Whether the alleged recovery of liquor from premises adjacent to the petitioner’s house justifies denial of bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30(a)
- CrPC Section 482
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29062 of 2026
Arising Out of PS. Case No.-80 Year-2026 Thana- Bikramganj Excise District- Rohtas
======================================================
Pankaj Kumar @ Haricharan Ram S/o Shri Hiralal Ram Resident of Village-
Koath, PS- Dawath, ward no. 4, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Siddharth Harsh, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-05-2026 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 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 7.4 liters of liquor from a place
beside the house of the petitioner.
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,
but then is adjacent to his house, hence he came to implicated at
Patna High Court CR. MISC. No.29062 of 2026(2) dt.05-05-2026
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the instance of local person, but then it is submitted that if local
person was aware of the involvement of the petitioner in the
occurrence then why he did not inform the police prior to
institution of the instant FIR which casts an aspersion on the
case of the prosecution.
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.
10000/- (Rupees Ten 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
Bikramganj Excise P.S. Case No. 80 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 two
cases 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
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confirmed, but after verification if it is found that petitioner has
antecedent of two cases only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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