Patna High Court
Pappu Kumar @ Pappu YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
2/3
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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