Patna High Court
Pankaj Yadav @ Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to specified conditions.
Summary
The petitioner, Pankaj Yadav, was implicated in a case under Section 37 of the Bihar Excise Act read with Sections 25(1‑b)a and 26 of the Arms Act after an informant reported that four persons fled from police, one of whom was seized drunk and a pistol was recovered. The petitioner argues he had no possession of the weapon and that the only evidence against him is a confessional statement made by another accused, Laxman, while in police custody, which he contends lacks evidentiary value. He sought anticipatory bail, citing his clean antecedent and a prior similar case (Chhotu @ Rahis) where bail was granted. The State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail subject to surrender within six weeks, a bail bond of Rs 10,000 with two sureties (including his father), and a condition that the bail may be cancelled if he fails to cooperate with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the allegations under the Bihar Excise Act and Arms Act.
- Whether the confessional statement of another accused, made in police custody, can be the sole basis for denying bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Arms Act
- confessional statement
- police custody
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29849 of 2026
Arising Out of PS. Case No.-9 Year-2026 Thana- PATEPUR District- Vaishali
======================================================
Pankaj Yadav @ Pankaj Kumar S/o Pawan Ray Resident Of Village-
Simarwara, Ps- Patehpur, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivjee Singh
For the Opposite Party/s : Mr. Choubey Jawahar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-05-2026 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 37 of the
Bihar Excise Act read with Sections 25(1-b)a and 26 of the
Arms Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that while on patrolling duty, he saw four persons who
on seeing the police force started fleeing, but one accused was
apprehended in a drunken condition and a country made pistol
was also recovered from the spot.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.29849 of 2026(2) dt.04-05-2026
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was recovered from his conscious possession and he came to be
implicated based on confessional statement of Laxman in police
custody which does not have any evidentiary value. It is next
submitted that Chhotu @ Rahis had approached this Court
seeking anticipatory bail by filing Criminal Miscellaneous No.
26862 of 2026 and the same came to be allowed by an order
dated 22.04.2026 passed by a learned Co-ordinate Bench, it is
thus submitted that case of the petitioner is similar to the case of
Chhotu. It is also submitted that if privilege of anticipatory bail
is granted, the petitioner will not abscond rather will cooperate
in the investigation to prove his innocence.
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
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 Patepur P.S. Case
No. 09 of 2026 subject to the conditions as laid down under
Patna High Court CR. MISC. No.29849 of 2026(2) dt.04-05-2026
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Section 482 (2) of the BNSS.
7. One of the bailors of the petitioner shall be his
father namely Pawan Ray.
8. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
learned Trial Court bringing to its notice that petitioner despite
giving assurance to this Court is not co-operating in the
investigation, in that event the learned Trial Court shall be at
liberty to cancel the bail bonds of the petitioner.
9. Let a copy of this order be sent to the concerned
police station through the learned Trial Court.
10. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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