Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88155 of 2025 Arising Out of PS. Case No.-468 Year-2025 Thana- AKBARPUR District- Nawada ====================================================== Pankaj Kumar S/o Late Rajendra Yadav @ Rajendra Prasad R/O VillageSirpat, P.S- Akbarpur, Distt.- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Verma, Advocate For the State :
Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-12-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Akbarpur P.S. Case No. 468 of 2025 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act, lodged on 19.10.2025 by the informant, Pramod Kumar.
3. As per the prosecution story, the Police on secret information, raided the place and there is recovery/seizure of 44 liter country made liquor. The chowkidar named the person who was trying to escape, the petitioner being the person. This led to the FIR.
4. Learned counsel for the petitioner submits that the recovery/seizure is from an open place and not from his conscious possession and only because of enmity and criminal antecedent, his name has come and if granted relief, he shall be diligently appearing in trial.
5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.88155 of 2025(2) dt.22-12-2025 2/3 the judgment of the Full Bench of Hon'ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2) PLJR 1089 wherein it has been held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76(2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.
6. Learned APP opposes the prayer submitting that the chowkidar has named him.
7. Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra), as also that recovery/seizure is from an open place, undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Court-I, Nawada in connection with Akbarpur P.S. Case No. 468 of 2025 subject to the following conditions:
(i) one of the bailor should be the family
Patna High Court CR. MISC. No.88155 of 2025(2) dt.22-12-2025 3/3 member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) vinayak/- U T