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Patna High Court

Pappu Kumar @ Pappu Yadav @ Pappu Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bond, sureties, and verification of criminal antecedents.

Summary

Pappu Kumar Yadav sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 1.125 litres of liquor was allegedly recovered from a field not belonging to him. The prosecution’s case relied on a confessional statement of another accused in police custody, and no liquor was found in the petitioner’s possession. The petitioner has one prior case under the Excise Act, and argues that the 2018 amendment abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The High Court, noting the lack of direct possession and the amendment’s effect, granted provisional anticipatory bail conditioned on a Rs.5,000 bond, two sureties, and a verification of the petitioner’s criminal antecedents by the trial court. If more than one antecedent is found, the bail will not be confirmed; otherwise it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted when the alleged offence is based on recovery of liquor from a location not owned by the accused and on a confessional statement of another accused.
  • Whether the amendment to the Bihar Prohibition and Excise Act, 2022, which removed the concepts of deemed possession and presumed offender, affects the bail decision.
  • Whether the petitioner’s prior criminal antecedent influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession
  • confessional statement
  • criminal antecedent
  • Section 30(a)
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14253 of 2026
                     Arising Out of PS. Case No.-159 Year-2025 Thana- BANGAWON District- Saharsa
                 ======================================================
                 Pappu Kumar @ Pappu Yadav @ Pappu Kumar Yadav son of Yogendra Yadav
                 Resident Of Village- Balha Ward no. 5, Ps- Bangaon, Dist- Saharsa

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Subesh Sharma
                 For the Opposite Party/s :      Mr. Nand Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 1.125 litres of liquor from a place

                   near the field of Gulab Mandal.                It is next submitted that

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner

                   and he came to be implicated based on confessional statement of

                   apprehended accused in police custody which does not have any
Patna High Court CR. MISC. No.14253 of 2026(2) dt.13-03-2026
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          evidentiary value. It is next submitted that after amendment in

          the Excise Act in the year 2018, the concept of deemed

          possession and presumed offender has been done away with.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.5000/- (Rupees five 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 Bangaon P.S. Case No.159/2025, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          one case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner has antecedent of one

          case, in that event the provisional anticipatory bail order shall be
             Patna High Court CR. MISC. No.14253 of 2026(2) dt.13-03-2026
                                                         3/3




                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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