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Patna High Court

Pankaj Yadav @ Pankaj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                        3/3




                      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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