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Patna High Court

Pawan Pandey @ Bhaskar PandeyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Pawan Pandey, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 60.375 litres of liquor from a pit not belonging to him. He argued that he was not apprehended at the spot, no liquor was found in his possession, and the case was based solely on a confessional statement made in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending that the petitioner has five prior criminal cases. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 25,000 with two sureties and directed verification of the petitioner’s criminal antecedent. The order further stipulated that if more than five prior cases are discovered, the bail would be cancelled; otherwise, it would be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the confessional statement made in police custody can form the sole basis for arrest and denial of bail.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39425 of 2026
                      Arising Out of PS. Case No.-41 Year-2026 Thana- ASARGANJ District- Munger
                 ======================================================
                 Pawan Pandey @ Bhaskar Pandey S/o Fanindra Kumar Pandey @ Mannu
                 Pandey Resident of Village - Bath, P.S - Bath, District - Bhagalpur, At present
                 R/o Village - Postal Colony Factory Road Barari, P.S - Barari, District -
                 Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dilip Kumar
                 For the Opposite Party/s :      Ms. Sangeeta Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-06-2026                  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 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases and allegation is of

                   recovery of 60.375 liters of liquor from a pit.

                                4. Learned    counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner

                   and he came to be implicated based on confessional statement of
Patna High Court CR. MISC. No.39425 of 2026(2) dt.22-06-2026
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          Sagar in police custody which does not have any evidentiary

          value. It is also submitted that of late police has started

          implicating mechanically accused having criminal antecedent in

          cases relating to excise for obvious reasons without holding a

          proper investigation.

                       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

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          25000/- (Rupees Twenty Five 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 Asarganj P.S. Case No. 41 of 2026 subject to the conditions

          as laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of more than five

          cases then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
            Patna High Court CR. MISC. No.39425 of 2026(2) dt.22-06-2026
                                                        3/3




                      confirmed, but after verification if it is found that petitioner has

                      antecedent of five cases only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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