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Patna High Court

Pankaj Yadav @ Pankaj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.

Summary

The petitioner, Pankaj Yadav, sought anticipatory bail after the police registered a case under Sections 30(a), 30(c) and 47 of the Bihar Excise Act alleging recovery of large quantities of liquor and a motorcycle. He contended that he was not arrested at the spot, that the seized liquor was recovered from public forest land, that he did not own the motorcycle, and that his implication was based solely on a chowkidar's statement without proper investigation. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent. If more than two prior cases are found, the bail will not be confirmed; if only two are found, the provisional order will be confirmed. The order was made under Section 482(2) of the Code of Criminal Procedure.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the CrPC despite alleged involvement in excise offences.
  • Whether the lack of seizure from the petitioner’s conscious possession and the public nature of the recovery site justify granting anticipatory bail.
  • Whether the petitioner’s prior criminal antecedent (more than two cases) affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • seizure
  • police investigation
  • criminal antecedent
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.59116 of 2025
                      Arising Out of PS. Case No.-365 Year-2025 Thana- Excise P.S. District- Nawada
                 ======================================================
                 Pankaj Yadav @ Pankaj Kumar Son of Ramsvarup Yadav @ Ramshwarup
                 Yadav Resident of Village - Lohsinghna (Losinghava), P.S.- Rajouli, District -
                 Nawada.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Man Mohan Kumar
                 For the Opposite Party/s :        Mr.Pronoti Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-01-2026               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 Sections 30(a),

                   30(c) and 47 of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 297 litres of liquor from Akauna

                   Kolwa and Amba forest along with 9000 litres of fermented

                   jawa mahua solution and 15 litres of liquor from a motorcycle.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged
Patna High Court CR. MISC. No.59116 of 2025(3) dt.06-01-2026
                                            2/3




          recovery is from a place which does not belongs to the

          petitioner and is accessible to public at large and petitioner is

          not the owner of the seized motorcycle and he came to be

          implicated at the instance of Chowkidar. It is further submitted

          that once an accused is implicated in a case relating to excise,

          the police starts implicating mechanically either at the instance

          of Chowkidar, local person, confessional statement or secret

          information 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.

          10,000/- (Rupees Ten 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 Nawada

          Excise P.S. Case No. 365 of 2025, 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
              Patna High Court CR. MISC. No.59116 of 2025(3) dt.06-01-2026
                                                          3/3




                        in the event if it is found that petitioner has antecedent of more

                        than two 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 confirmed, but after

                        verification if it is found that petitioner has antecedent of two

                        cases in that event the provisional anticipatory bail order shall

                        be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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