Patna High Court
Pappu Kumar Yadav @ Pappu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275
- Bihar Prohibition and Excise Act — s. 30(a)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.