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Patna High Court

Pankaj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to a bond, sureties and verification of antecedent.

Summary

Petitioner Pankaj Kumar sought anticipatory bail fearing arrest in a case under the Bihar Excise Act for alleged recovery of 459.5 litres of liquor from a vehicle. He argued he had no possession, was not the owner, and the case relied on a confessional statement made in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and subject to verification of the petitioner’s criminal antecedent. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith. The order was made under Section 482(2) of the relevant procedural statute.

Issues considered

  • Whether anticipatory bail should be granted in view of the alleged excise offences and lack of possession.
  • Whether a confessional statement made in police custody can be the basis to deny anticipatory bail.
  • Whether the High Court can condition anticipatory bail on verification of the petitioner’s criminal antecedent.

Subjects

  • anticipatory bail
  • excise law
  • seizure of liquor
  • confessional statement
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90381 of 2025
                  Arising Out of PS. Case No.-260 Year-2024 Thana- MAKHDUMPUR District- Jehanabad
                 ======================================================
                 Pankaj Kumar S/o Dinesh Prasad Gupta R/o Village- Vishwakarma Colony,
                 P.S- Ramkrishna Nagar, Dist- Patna, State Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Binay Kumar Singh, Adv
                 For the Opposite Party/s :      Ms.Shaheen Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-01-2026               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), 32, 36 and 41 of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 459.5 litres of liquor from a car.

                             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

                   seized vehicle and he came to be implicated based on confessional

                   statement of Satyendra in police custody which does not have any

                   evidentiary value.

                             5.    Learned A.P.P. for the State opposes the prayer for
              Patna High Court CR. MISC. No.90381 of 2025(2) dt.08-01-2026
                                                          2/2




                        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. 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 Makhdumpur P.S. Case No. 260 of 2024, 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 even 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 verification if 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)
Sumit/-

U         T


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