Patna High Court
Pankaj Kumar @ Ankaj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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