Patna High Court
Pawan Pandey @ Bhaskar PandeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Criminal Procedure Code — s. 482(2)
- Bihar Excise Act — s. 30(a)
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
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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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