Pankaj Kumar Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Pankaj Kumar Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest/surrender within eight weeks, petitioner to 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 conditions under Section 482(2) of the B.N.S.S.

Issue for consideration

Whether the petitioner, apprehending arrest in Harlakhi P.S. Case No. 39 of 2025 for offences 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, should be granted anticipatory bail.

Court's answer

The court allowed the prayer for anticipatory bail considering the nature of the accusation and the fact that no incriminating article had been recovered from the conscious possession of the petitioner.

Ratio / Principle

In the event of arrest or surrender within a period of eight weeks, the petitioner was directed to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- (ten thousand).

Detailed headnote1 paragraphs

Anticipatory bail - granted. Petitioner apprehended arrest in Harlakhi P.S. Case No. 39 of 2025 (Madhubani) registered 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; 405 litres of illicit Nepali liquor allegedly recovered from seized motorcycles. Considering the nature of the accusation and that no incriminating article was recovered from the petitioner's conscious possession, the High Court allowed the prayer for anticipatory bail despite two criminal antecedents (one of similar nature, on bail in both) noted by counsel. Bail ordered upon arrest/surrender within eight weeks on a bail-bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Exclusive Special Judge, Excise Act, Madhubani, subject to Section 482(2) B.N.S.S. conditions.

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

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

2 05-05-2026

Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.

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.

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

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.

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

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.

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/-

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