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2026 DAILYLAW 7288 (PAT)

Pankaj Kumar v. The State of Bihar

CR. MISC./25973/2026 · 2026-04-24

Smt Soni Shrivastava

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25973 of 2026 Arising Out of PS. Case No.-55 Year-2026 Thana- NAGAR District- Vaishali ====================================================== Pankaj Kumar Son of Chhotan Rai Resident of Village- Konhara Chowk, Ward No. 16, P.S.- Hajipur Town, District- Vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vasant Vikas, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 24-04-2026 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 30(a) of the Bihar Prohibition and Excise Act. 3. The allegation in the First Information Report is that 25 litres of country made liquor has been recovered beneath the gumti of the petitioner. 4. Learned counsel for the petitioner submits that the name of the petitioner was disclosed by the apprehended co- accused, Raja Kumar from whose possession 4 litres of country made liquor was recovered. There is no recovery from personal or conscious possession of the petitioner. It is submitted that there is no independent witness to the search and seizure. Patna High Court CR. MISC. No.25973 of 2026(2) dt.24-04-2026 2/3 5. Learned APP for the State opposed the prayer for anticipatory bail submits that the petitioner has one criminal antecedent of similar nature. However, in response it has been submitted that the petitioner is on bail in the said case. 6. Petitioner has offered to deposit a sum of Rs.2,000/- (Rupees Two Thousand) in Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna. 7. Taking into consideration the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Hajipur Town P.S. Case No. 55 of 2026, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, subject to condition(s) that: (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. Patna High Court CR. MISC. No.25973 of 2026(2) dt.24-04-2026 3/3 (ii) The petitioner shall co-operate with the investigation, if not already concluded and make himself available as and when so required, failing which the prosecution will be at liberty to move cancellation of his bail bond. 8. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna. anand/- (Soni Shrivastava, J) U T