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Patna High Court

Pappu Kumar Yadav @ Pappu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted as the petitioner has not been shown to have a prima facie case and procedural safeguards under the relevant statutes were not complied with.

Summary

Pappu Kumar Yadav sought anticipatory bail after the police recovered 72 litres of liquor in a case under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he was falsely implicated based on a chowkidar’s disclosure, had no knowledge of the recovery, and that the liquor was seized from an open public place, rendering the case prima facie weak. He also pointed out the absence of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail. The High Court, considering the lack of a prima facie case and procedural lapses, ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs. 15,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted in a case where the petitioner alleges false implication and lack of prima facie evidence.
  • Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • liquor offences
  • prima facie case
  • Section 103
  • Section 482
  • criminal procedure
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17150 of 2026
                  Arising Out of PS. Case No.-185 Year-2025 Thana- GHOGHARDIHA District- Madhubani
                 ======================================================
                 Pappu Kumar Yadav @ Pappu Yadav Son of Kari Yadav Resident of village -
                 Kishnipatti, P.S.- Ghoghardiha, District - Madhubani.
                                                                              ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Jitendra Kumar Bharti, Advocate
                 For the Opposite Party/s :      Mr. Awadhesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER
2   13-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Ghoghardiha P.S. Case No. 185 of 2025 instituted for the

                   offences punishable under Sections 274, 275 of the Bharatiya

                   Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                               3. The prosecution case, in short, is that total 72 litres

                   of liquor was recovered from sac under straw.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. The

                   name of the petitioner transpired in this case on the basis of

                   disclosure made by local chowkidaar. Learned counsel further

                   submitted that petitioner has no knowledge and concern with the

                   alleged recovery. Learned counsel further submitted that the
           Patna High Court CR. MISC. No.17150 of 2026(2) dt.13-03-2026
                                                       2/2




                     alleged recovery has been made from an open place which is

                     accessible to public at large. Learned counsel, therefore,

                     submitted that prima-facie, no case is made out against the

                     petitioner. The petitioner has one criminal antecedent. There is

                     no compliance of Section 103 of the Bharatiya Nagarika

                     Suraksha Sanhita, 2023.

                                5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, let the petitioner, above named, in the event of

                     arrest/surrender before the lower court within a period of six

                     weeks from today, be released on anticipatory bail on furnishing

                     bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Ghoghardiha P.S.

                     Case No. 185 of 2025, subject to the conditions as laid down

                     under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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