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Patna High Court

Pankaj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond and verification of antecedents, with conditional confirmation based on the accuracy of disclosed prior cases.

Summary

The petitioners, Pankaj Kumar and Bhisa Yadav, were implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of five litres of liquor near the Andhera River. They contended that they were not arrested at the spot, had no liquor in their possession, and were framed by a hostile chaukidar, also asserting that the police had not conducted a proper investigation. The State opposed their application for anticipatory bail. The Court, after hearing both sides, granted provisional anticipatory bail subject to a bond of Rs.15,000 with two sureties and conditioned the confirmation of bail on verification of the petitioners’ criminal antecedents. If the petitioners are found to have more prior cases than they disclosed, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 of the Cr.P.C. for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioners’ prior criminal antecedents affect the grant of anticipatory bail.
  • Whether the lack of possession of the alleged liquor at the time of arrest justifies anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • criminal antecedent
  • Section 30(a)
  • Bihar Prohibition Act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33536 of 2026
                     Arising Out of PS. Case No.-111 Year-2025 Thana- NOORSARAI District- Nalanda
                 ======================================================
           1.     Pankaj Kumar S/o Sanjay Yadav R/o Village- Malbigha, P.S - Noorsarai,
                  District - Nalanda
           2.     Bhisa Yadav @ Bhisham Yadav @ Bhism Yadav @ Bhasam Yadav S/o Late
                  Jagdeo Yadav R/o Village- Malbigha, P.S - Noorsarai, District - Nalanda
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pankaj Kumar, Advocate
                 For the Opposite Party/s :       Ms. Pushpa Sinha 1, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-05-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of one case under the Excise Act

                   and petitioner no. 2 has antecedent of three cases under the

                   Excice Act and allegation is of recovery of 5 litres of liquor

                   from a place near Andhera River.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was

                   recovered from their conscious possession and even the alleged
Patna High Court CR. MISC. No.33536 of 2026(2) dt.15-05-2026
                                            2/3




          recovery is from a place which does not belong to the

          petitioners and is accessible to villagers at large. It is further

          submitted that petitioners came to be implicated at the instance

          of the Chawkidar with whom they are on an inimical term. It is

          next submitted that once an accused is implicated in a case

          relating to excise the police start implicating mechanically either

          at the instance of the Chawkidar, local person, confessional

          statement or secret information without holding a proper

          investigation of the case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioners, let the

          petitioners, above-named, in the event of their arrest or

          surrender within a period of six weeks from today, be released

          on provisional anticipatory bail on furnishing bail bonds of

          Rs.15,000/- (Rupees Fifteen Thousand) each 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 Noorsarai P.S. Case No. 111 of 2025, subject to the

          conditions as laid down under Section 438(2) of the

          Cr.P.C./482(2) of the B.N.S.S.
           Patna High Court CR. MISC. No.33536 of 2026(2) dt.15-05-2026
                                                       3/3




                                  7. However, it is made clear that thereafter the learned

                     Trial Court shall verify the criminal antecedent of the petitioners

                     and if it is found that petitioner no. 1 has antecedent of more

                     than one case and petitioner no. 2 has antecedent of more than

                     three cases, it would be presumed that petitioners had concealed

                     their antecedent before this Court, at para 3 of the anticipatory

                     bail application, in that event, the provisional anticipatory bail

                     order shall not be confirmed, but, if it is found on verification

                     that petitioner no. 1 has antecedent of only one case and

                     petitioner no. 2 has antecedent of only three cases, in that event,

                     the provisional anticipatory bail order shall be confirmed

                     forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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