Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16830 of 2026 Arising Out of PS. Case No.-610 Year-2025 Thana- MALSALAMI District- Patna ====================================================== Pankaj Kumar Son of Late Kameshwar Ray R/o Village - Rikabganj, P.S. - Malsalami, Distt. - Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Malsalami P.S. Case No. 610 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 1000 litres of liquor was recovered near the bank of Ganga river.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner transpired in this case on the basis of disclosure made by local people. Learned counsel further submitted that petitioner has no knowledge and concern with the

Patna High Court CR. MISC. No.16830 of 2026(2) dt.13-03-2026 2/2 alleged recovery. Learned counsel further submitted that the alleged recovery has been made from an open place which is accessible to public at large. Learned counsel, therefore, submitted that prima-facie, no case is made out against the petitioner. The petitioner has two criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the lower court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Malsalami P.S. Case No. 610 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T