Pankaj Kumar @ Pankaj RaiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35299 of 2026
                    Arising Out of PS. Case No.-91 Year-2026 Thana- KATHAIYA District- Muzaffarpur
                 ======================================================
                 Pankaj Kumar @ Pankaj Rai S/o Balendra Rai @ Baleshwar Ray Resident of
                 Village- Aswari Banjaria, P.S.- Kathaiya, District- Muzaffarpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Arvind Kumar, Adv
                 For the Opposite Party/s :       Mr.Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   27-05-2026                    Heard learned counsel for the parties through virtual

                   mode.

                                2. The petitioners are apprehending their arrest in

                   connection with Kathaiya P.S. Case No. 91 of 2026, registered

                   for the offences punishable under Sections 30(a)/ 41(1)/42(2) of

                   Bihar Prohibition & Excise Act.

                                3. As per the prosecution case, on a written report by

                   Sub-Inspector Om Pukar Priya, who received information that

                   illicit foreign liquor was concealed near Pankaj Ray’s poultry

                   farm. On reaching the spot, two persons fled away. During

                   search, 955.440 liters of illicit liquor were recovered from a

                   brick tank near a maize field. The labourers disclosed the names

                   of Pankaj Rai and Manish Kumar as owners of the seized liquor.
Patna High Court CR. MISC. No.35299 of 2026(2) dt.27-05-2026
                                            2/3




                       4. Learned counsel for the petitioners submits that the

          petitioners have been falsely implicated in the present case

          merely on the basis of secret information. It is further submitted

          that the petitioners have no concern with the seized liquor or the

          place of recovery. It has further been submitted that the said

          recovery has been made from a poultry farm which belongs to

          Pankaj Rai and the said place is in noway connected to this

          petitioner. It has further been submitted that the recovery is

          made from a tank adjacent to a maize field near Pankaj Rai’s

          poultry farm situated on the road from Aswari Banjariya village

          to Parsauni. It has further been submitted that the petitioner is

          noway connected to the place of seizure and his name has been

          transpired on the basis of secret information, a raid was

          conducted and the name of this petitioner has been taken by the

          villagers. It has fairly been submitted that the petitioner one

          criminal antecedent which is not akin to the recent case and the

          petitioner is on bail in that case and are ready to abide by all

          terms and conditions as may be imposed by this Court while

          granting the privilege of anticipatory bail.

                       5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Let the petitioners, above named, be released on
              Patna High Court CR. MISC. No.35299 of 2026(2) dt.27-05-2026
                                                          3/3




                        anticipatory bail in the event of arrest or surrender before the

                        court below within a period of four weeks from today on

                        furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each

                        with two sureties of the like amount each to the satisfaction of

                        learned Exclusive Spl, Excise Court-II, Muzaffarpur in

                        connection with Kathaiya P.S. Case No. 91 of 2026, subject to

                        the condition as laid down under Section 482(2) of the B.N.S.S.,

                        2023.



                                                      (Ajit Kumar, J)
niku/anuj/-

U       T