Patna High Court
Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to bond, sureties, and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Pappu Kumar, sought anticipatory bail fearing arrest in a case under Sections 111 and 3(5) of the Bihar Narcotic Substances Act read with Section 30(a) of the Bihar Excise Act, relating to the alleged recovery of 103 litres of liquor from a seized motorcycle. He argued that he was not in possession of the liquor, was merely the owner of the vehicle, and was unaware of his friend's alleged misuse. The State opposed the bail, contending the seriousness of the offences. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.20,000 with two sureties and that the trial court verify his criminal antecedent. If more than four prior cases are found, the bail will not be confirmed; otherwise, the provisional order will be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged excise offences and possession of liquor.
- Whether the petitioner’s ownership of the seized vehicle, without actual possession of the contraband, justifies bail.
- What conditions may be imposed on anticipatory bail, particularly concerning verification of prior criminal antecedents.
Legislation cited
- Bihar Narcotic Substances Act — s. 111, 3(5), 482(2)
Subjects
- anticipatory bail
- excise offence
- seizure of liquor
- vehicle ownership
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13936 of 2026
Arising Out of PS. Case No.-238 Year-2025 Thana- THALI District- Nawada
======================================================
Pappu Kumar S/o Sahdev Prasad R/o Village - Bajwatari, P.S - Rajauli,
District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 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 Sections 111 and
3(5) of the BNS read with Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 103 liters of liquor from a
motorcycle and one motorcycle was seized.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of one of the
seized vehicles. It is next submitted that no prudent person
Patna High Court CR. MISC. No.13936 of 2026(2) dt.12-03-2026
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would use his own vehicle for committing an occurrence and
thus would create evidence against himself and hence would get
implicated, it is also submitted that petitioner was completely
unaware that his friend would misuse the vehicle in the manner
as alleged. It is also submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
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
Provisional anticipatory bail on furnishing bail bonds of Rs.
20,000/- (Rupees Twenty 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
Thali P.S. Case No. 238 of 2025 subject to the conditions as laid
down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
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Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than four cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of four
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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