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Patna High Court

Pankaj Kumar @ Ankaj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to statutory conditions and verification of his antecedent.

Summary

The petitioner, Pankaj Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 45 litres of liquor from a motorcycle he owned. He argued that he had no prior criminal record and that the liquor was not found in his conscious possession, contending that ownership of the vehicle alone should not implicate him. The State opposed the bail, asserting the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, also directing verification of the petitioner’s antecedent. The order stipulated that if any prior case is discovered, the bail may be revoked; otherwise, it will be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether ownership of the vehicle used in the alleged offence is sufficient grounds for arrest.
  • Whether the petitioner’s clean antecedent warrants the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 274
  • Section 275
  • Section 30(a)
  • vehicle ownership
  • clean antecedent
  • Bihar Prohibition and Excise Act
  • CrPC 438
  • BNSS 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9932 of 2026
                      Arising Out of PS. Case No.-18 Year-2025 Thana- LADANIA District- Madhubani
                 ======================================================
                 Pankaj Kumar @ Ankaj Kumar Son of Raj Kumar Thakur R/o Village -
                 Machata Chowk, Bhowara P.S. Ladaniya, District Madhubani.
                                                                           ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashad, Advocate
                 For the Opposite Party/s :       Mr. Kumar Ranjit Ranjan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-02-2026                  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 274 and

                   275 of the BNS and Section 30(a) of the Bihar Prohibition and

                   Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 45 litres of liquor from a motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner came to be implicated based on the fact that he is

                   owner of the seized vehicle. It is next submitted that no prudent

                   person would use his own vehicle for committing an occurrence
Patna High Court CR. MISC. No.9932 of 2026(2) dt.23-02-2026
                                            2/3




          and thus would create evidence against himself and hence

          would get implicated. It is also submitted that petitioner was

          completely unaware that Amarbhan Singh would misuse the

          vehicle in the manner as alleged who was also apprehended

          from the spot.

                       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, let the petitioner above-named, in the

          event of his arrest or surrender 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 Ladaniya P.S. Case No. 18 of 2025, subject to

          the conditions as laid down under Section 438(2) of the

          Cr.P.C./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 if

          it is found that petitioner has antecedent of even one case, it

          would be presumed that petitioner had concealed his antecedent

          before this Court at para 3 of the anticipatory bail application in
           Patna High Court CR. MISC. No.9932 of 2026(2) dt.23-02-2026
                                                       3/3




                     that event the provisional anticipatory bail order shall not be

                     confirmed but if it is found on verification that petitioner is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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