Created by Fuzzy Cloud

Patna High Court

Pankaj Rai @ Pankaj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Pankaj Rai, sought anticipatory bail after learning that a case had been registered against him under Sections 30(a) and 41(i)(ii) of the Bihar Excise Act for the alleged recovery of 164.16 litres of liquor from a vehicle. He contended that he was not arrested at the scene, had no conscious possession of the liquor, and was not the owner of the seized vehicle, asserting that the complaint originated solely from a chowkidar. The petitioner argued that the police had mechanically implicated him without conducting a proper investigation. The State opposed the grant of anticipatory bail. The High Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent, with confirmation of bail contingent on the findings.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under the Bihar Excise Act.
  • Whether the lack of seizure from the petitioner’s conscious possession and the role of the chowkidar affect the bail application.
  • Whether the petitioner’s prior criminal antecedent, if more than two cases, should preclude anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • seizure of liquor
  • police investigation
  • criminal antecedent
  • high court jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91084 of 2025
                  Arising Out of PS. Case No.-352 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
                 ======================================================
                 Pankaj Rai @ Pankaj Kumar Son of Harinath Ray Resident of Village -
                 Bakhri (Munja), P.S - Baikunthpur, District - Gopalganj, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Prasoon Shekhar
                 For the Opposite Party/s :      Ms.Shaheen Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026               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), 41(i)

                   (ii) 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 164.16 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 at the instance

                   of Chowkidar but then it is submitted that if the Chowkidar was

                   aware about the involvement of the petitioner in the occurrence,
Patna High Court CR. MISC. No.91084 of 2025(2) dt.12-01-2026
                                            2/3




          then why he did not inform the police prior to institution of the

          instant FIR, which casts an aspersion on the case of the

          prosecution. 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

          Baikunthpur P.S. Case No. 352 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
              Patna High Court CR. MISC. No.91084 of 2025(2) dt.12-01-2026
                                                          3/3




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.