Pankaj Yadav @ Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29849 of 2026 Arising Out of PS. Case No.-9 Year-2026 Thana- PATEPUR District- Vaishali ====================================================== Pankaj Yadav @ Pankaj Kumar S/o Pawan Ray Resident Of VillageSimarwara, Ps- Patehpur, Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivjee Singh For the Opposite Party/s :
Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-05-2026
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 37 of the Bihar Excise Act read with Sections 25(1-b)a and 26 of the Arms Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that while on patrolling duty, he saw four persons who on seeing the police force started fleeing, but one accused was apprehended in a drunken condition and a country made pistol was also recovered from the spot.
4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.29849 of 2026(2) dt.04-05-2026 2/3 was recovered from his conscious possession and he came to be implicated based on confessional statement of Laxman in police custody which does not have any evidentiary value. It is next submitted that Chhotu @ Rahis had approached this Court seeking anticipatory bail by filing Criminal Miscellaneous No. 26862 of 2026 and the same came to be allowed by an order dated 22.04.2026 passed by a learned Co-ordinate Bench, it is thus submitted that case of the petitioner is similar to the case of Chhotu. It is also submitted that if privilege of anticipatory bail is granted, the petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
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 anticipatory bail on furnishing bail bonds of Rs. 10000/- (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 Patepur P.S. Case No. 09 of 2026 subject to the conditions as laid down under
Patna High Court CR. MISC. No.29849 of 2026(2) dt.04-05-2026 3/3 Section 482 (2) of the BNSS.
7. One of the bailors of the petitioner shall be his father namely Pawan Ray.
8. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner.
9. Let a copy of this order be sent to the concerned police station through the learned Trial Court.
10. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T