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Patna High Court

Pappu Kumar @ Pappu YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to a bond, sureties, and verification of the petitioner’s antecedent under Section 482(2) of the BNSS.

Summary

The petitioner, Pappu Kumar, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for alleged recovery of 110.125 litres of liquor. He argued that no liquor was seized from his possession, the alleged recovery site was public, and the FIR omitted the informant's name, casting doubt on the prosecution's case. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a Rs.25,000 bond with two sureties, subject to verification of the petitioner’s criminal antecedent under Section 482(2) of the BNSS. If more than five prior cases are found, the bail will not be confirmed; if exactly five, it will be confirmed. The order was pronounced by Justice Satyavrat Verma.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
  • Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for confirming or cancelling the bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14818 of 2026
                       Arising Out of PS. Case No.-455 Year-2025 Thana- HISUWA District- Nawada
                 ======================================================
                 Pappu Kumar @ Pappu Yadav Son of Ramotar Yadav Resident of Village-
                 Hasanpur, P.S.- Hisua, District- Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Man Mohan Kumar
                 For the Opposite Party/s :       Mr. Madan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   28-04-2026                  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 Section 30(a) of the

                   Bihar Excise Act.

                                3. The learned counsel for the petitioner submits that

                   petitioner has already submitted the requisite fee and second

                   defect shall be removed during the course of the day by adding

                   the alias name of the father of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases out of which three cases

                   are under the Excise Act and allegation is of recovery of

                   110.125 liters of liquor from a place behind the bush near

                   government canal.
Patna High Court CR. MISC. No.14818 of 2026(3) dt.28-04-2026
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                       5. Learned counsel for the petitioner submits that

          petitioner was not apprehended 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 is accessible to public at large and he came to be implicated

          at the instance of local person, but then the name of the person

          who disclosed the name of the petitioner is not disclosed in the

          FIR which casts an aspersion on the case of the prosecution. 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.

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

          anticipatory bail of the petitioner.

                       7. 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.

          25000/- (Rupees Twenty Five Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Trial
            Patna High Court CR. MISC. No.14818 of 2026(3) dt.28-04-2026
                                                        3/3




                      Court where the case is pending/successor court in connection

                      with Hisuwa P.S. Case No. 455 of 2025 subject to the conditions

                      as laid down under Section 482 (2) of the BNSS.

                                   8. It is made clear that thereafter the learned Trial

                      Court shall verify the criminal antecedent of the petitioner and

                      in the event if it is found that petitioner has antecedent of more

                      than five 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 five

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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