Patna High Court
Pankaj Kumar @ Pankaj RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that anticipatory bail may be granted where the FIR does not establish an offence under the Bihar Prohibition and Excise Act and the petitioner has no criminal antecedent, subject to conditions.
Summary
The petitioner, Pankaj Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 164.160 litres of foreign liquor were seized from an open area. The prosecution alleged that the petitioner was involved in the interception of a motorcycle carrying the liquor, with a local chowkidar identifying him. The petitioner asserted no criminal antecedent and that nothing was recovered from his possession. Relying on the Patna High Court Full Bench decision in Ram Vinay Yadav v. State of Bihar, the court examined whether anticipatory bail could be granted despite the bar under Section 76(2) of the Act. Finding no substantive offence established and noting the petitioner’s clean record, the court granted anticipatory bail with stringent conditions, reserving the right to cancel the bail if circumstances changed.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
- Whether the allegations in the FIR constitute an offence under Section 30(a) of the Act.
- Whether the petitioner’s lack of criminal antecedent and the nature of the seizure justify anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 76(2)
- criminal antecedent
- seizure of liquor
- FIR
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35052 of 2026
Arising Out of PS. Case No.-57 Year-2026 Thana- KUDHNI District- Muzaffarpur
======================================================
Pankaj Kumar @ Pankaj Raj S/O Mohan Rajak R/O Village - Madhopur
Kapoor, P.S- Kudhani, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Ranjan, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 20-05-2026 Heard the parties through virtual mode.
2. The petitioner is apprehending his arrest in
connection with Kudhani P.S. Case No. 57 of 2026 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act.
3. As per the prosecution story, the informant alleged
that an interception of the motorcycle took place and the
accused managed to escape but the local chowkidar gave the
names. Further, on the pitch road near mango orchard of
Yogendra Singh the 164.160 liters of foreign liquor were
recovered/seized. This led to the FIR.
4. Learned counsel for the petitioner submits that he
do not have any criminal antecedent and nothing has been
recovered from his conscious possession.
Patna High Court CR. MISC. No.35052 of 2026(2) dt.20-05-2026
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5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that the
local chowkidar has named him.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that the recovery/seizure is from an open place and the
petitioner has no criminal antecedent, in that background, this
Court is inclined to extend him the privilege of anticipatory bail
with conditions.
8. If, however, it is found that contrary to the
statement made in paragraph-3, the petitioner has criminal
antecedent, the present order shall become infructuous.
9. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
Patna High Court CR. MISC. No.35052 of 2026(2) dt.20-05-2026
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receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of concerned Court in connection with Kudhani P.S.
Case No. 57 of 2026 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
Patna High Court CR. MISC. No.35052 of 2026(2) dt.20-05-2026
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cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
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