Patna High Court
Pappu Kumar @ Pappu Yadav @ Pappu Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Code of Criminal Procedure — s. 482(2)
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
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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
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confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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