Patna High Court
Pankaj Yadav @ Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court rejected the petitioner's prayer for anticipatory bail, finding that his prior similar criminal antecedents precluded the grant of bail.
Summary
The petitioner, Pankaj Yadav, applied for anticipatory bail after a case was registered under Section 30(a) and 30(c) of the Bihar Prohibition and Excise Act for the alleged recovery of 430 litres of country‑made liquor from a forest area. He contended that he was innocent, asserting that no incriminating material was found in his conscious possession. The State countered that the petitioner had two prior criminal antecedents of a similar nature and therefore posed a risk of tampering with evidence or fleeing. The court examined the relevance of the prior convictions and the absence of direct material against the petitioner. Considering the two similar antecedents, the court concluded that the criteria for granting anticipatory bail were not satisfied and rejected the petition. Consequently, the petition for anticipatory bail was dismissed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the facts of the case
- Whether the petitioner’s two prior criminal antecedents of a similar nature justify denial of anticipatory bail
- Whether the lack of incriminating material in the petitioner’s possession is sufficient to grant anticipatory bail
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal antecedents
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77164 of 2025
Arising Out of PS. Case No.-180 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
Pankaj Yadav @ Pankaj Kumar Son of Kalu Rajvanshi Resident of Village-
Jobkala, Ps- Rajauli, dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and
the State .
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30 (a) (c) of the Bihar
Prohibition and Excise Act.
3 . Prosecution case is that 430 liters of country made
liquor was recovered from forest area .
4. It is submitted that the petitioner is innocent and
has falsely been implicated in this case . No incriminating
material has been recovered from the conscious possession of
the petitioner.
5 . Learned counsel for the State submits that
petitioner has got 2 criminal antecedents of similar nature .
6. Considering the fact that petitioner has got 2
Patna High Court CR. MISC. No.77164 of 2025(2) dt.03-02-2026
2/2
criminal antecedents of similar nature , prayer for anticipatory
bail is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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