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Patna High Court

Pankaj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail for the petitioner, subject to verification of his antecedents and compliance with the conditions prescribed under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Pankaj Kumar, was implicated in a case (Excise Jagdishpur PS Case No.155/2025) for allegedly transporting 682.560 litres of liquor in his pickup vehicle, though he claims he was unaware of the misuse and has a clean criminal record. He sought anticipatory bail, arguing that ownership of the vehicle alone should not make him culpable and that no liquor was found in his conscious possession. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed the trial court to verify the petitioner’s antecedents. If any prior case is found, the bail will not be confirmed; if the petitioner is found to have a clean record, the bail will be confirmed. The order was made under Section 482(2) of the B.N.S.S. and in relation to Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the B.N.S.S. in a case of alleged liquor transport under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
  • Whether ownership of the vehicle used for the alleged offence makes the owner liable in the absence of conscious possession of the contraband.

Legislation cited

Subjects

  • anticipatory bail
  • liquor seizure
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • vehicle ownership
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41092 of 2026
                    Arising Out of PS. Case No.-155 Year-2025 Thana- EXCISE JAGDISHPUR District-
                                                         Bhojpur
                 ======================================================
                 Pankaj Kumar Son of Sohan Lal Resident of Village- Bhitari, Varanashi,
                 Bhitari, P.S.- Lohta Baazar, District- Varanashi, Uttar Pradesh.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rishav Dev
                 For the Opposite Party/s :      Mr. Suman Kumari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   09-07-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 682.560 litres of liquor from a pick up vehicle. It is

                   next submitted that petitioner was not arrested from the spot as

                   such nothing was recovered from his conscious possession and

                   he came to be implicated based on the fact that he is owner of

                   the seized vehicle. It is next submitted that no prudent person

                   would use his own vehicle for committing an occurrence and
Patna High Court CR. MISC. No.41092 of 2026(3) dt.09-07-2026
                                            2/3




          thus would create evidence against himself and hence would get

          implicated. It is also submitted that the petitioner was

          completely unaware that Rakesh would misuse his vehicle in the

          manner as alleged, who was also apprehended from the spot.

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

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.500/- (Rupees five hundred) 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 Excise Jagdishpur P.S. Case No.155/2025,

          subject to the conditions as laid down under Section 482(2) of

          the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
             Patna High Court CR. MISC. No.41092 of 2026(3) dt.09-07-2026
                                                         3/3




                       on verification it is found that petitioner is a person with clean

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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