Patna High Court

Pankaj ThakurversusThe State of Bihar

Decided: 22 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail subject to bail bond, sureties, and verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Pankaj Thakur, sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Excise Act alleging that he concealed 112.9 litres of liquor in a bamboo orchard. He argued that he was not arrested on the spot, no liquor was found in his possession, and he is not the owner of the orchard, contending that the police mechanically implicated him without proper investigation. The State opposed the bail application. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. The order further stipulated that if the petitioner is found to have more than one prior case, the bail would not be confirmed; if only one prior case is found, the bail would be confirmed immediately. The decision was made under Section 482(2) of the BNSS.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
Whether the petitioner’s lack of possession and ownership of the alleged site precludes arrest.
Whether the presence of multiple prior criminal antecedents should affect the confirmation of anticipatory bail.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise law
Section 30
police investigation
criminal antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84667 of 2025
                   Arising Out of PS. Case No.-100 Year-2025 Thana- MANSURCHAK District- Begusarai
                 ======================================================
                 Pankaj Thakur S/O Sunil Thakur R/O Village- Sohilbara Tarpura, P.S-
                 Mansoorchak, Distt.- Begusarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Raj Kumar Sinha
                 For the Opposite Party/s :      Mr.Md. Matloob Rab
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   22-01-2026               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 Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 112.9 litres of liquor concealed

                   under husk kept in a bamboo orchard.

                             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 is not the owner of

                   the bamboo orchard and he came to be implicated at the

                   instance of police but then it is submitted that once an accused is
Patna High Court CR. MISC. No.84667 of 2025(3) dt.22-01-2026
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          implicated in a case relating to excise, the police starts

          implicating       mechanically          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.

          5,000/- (Rupees 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

          Mansoorchak P.S. Case No. 100 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

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

          than one case 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
              Patna High Court CR. MISC. No.84667 of 2025(3) dt.22-01-2026
                                                          3/3




                        verification if it is found that petitioner has antecedent of one

                        case in that event the provisional anticipatory bail order shall be

                        confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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