Pankaj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21431 of 2026 Arising Out of PS. Case No.-39 Year-2025 Thana- HARLAKHI District- Madhubani ====================================================== Pankaj Kumar Yadav S/o Indal Yadav R/o Village - Umgaon, P.S - Harlakhi, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner :

Ms. Archna Aanand, Advocate For the State :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-05-2026 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 374, 375, 317(5) and 3(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 405 litres illicit Nepali liquor was recovered from the seized motorcycles.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is neither owner nor driver of the seized vehicles in question. No incriminating article has been recovered from conscious possession of this petitioner and has been made an

Patna High Court CR. MISC. No.21431 of 2026(2) dt.05-05-2026 2/2 accused in this case merely on suspicion. Petitioner has got two criminal antecedents out of which one is of similar nature and in both the cases, petitioner is on bail.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the nature of accusation and the fact that no incriminating article has been recovered from conscious possession of this petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Act, Madhubani in connection with Harlakhi P.S. Case No. 39 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T