Patna High Court
Pappu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court held that anticipatory bail should be granted as the illicit liquor was not recovered from the petitioner’s conscious possession or premises.
Summary
Pappu Yadav applied for anticipatory bail under Section 438 of the CrPC in connection with a case alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The police recovered about 2.1 litres of illicit liquor from a public corridor (dalan) near his house, but not from his possession or premises. The petitioner argued that he was falsely implicated based on secret information and that the liquor was found in an open space accessible to all. The court examined the fact that no liquor was seized from the petitioner’s conscious possession and considered the lack of direct evidence linking him to the contraband. Accordingly, the court granted anticipatory bail, directing that if arrested within four weeks he may be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC when the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 is based solely on secret information and recovery of liquor from a public corridor, not from the petitioner’s possession.
- Whether the absence of contraband in the petitioner’s conscious possession or premises precludes denial of bail.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- illicit liquor
- Bihar Prohibition and Excise Act
- possession
- secret information
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18637 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- KORANSARAI District- Buxar
======================================================
Pappu Yadav S/o Mithu Yadav R/o Village - Sughar Dera, P.S - Koransarai,
District - Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Kamal Deo Sharma
For the Opposite Party/s : Mr. Lakshmi Kant Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 08-04-2026 1. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail arises out of
Koransarai Police Station Case No. 16 of 2026, dated
03.02.2026, disclosing offence under Section 30(a) of the
Bihar Prohibition and Excise Act, 2018.
3. The prosecution case, as per the First Information Report,
is that on 03.02.2026, during patrolling, the police
received secret information that the petitioner was
engaged in illegal liquor trade in his dalan (corridor)
behind his grocery store at village Sughar Dera. Upon the
information, the police party reached the place of
occurrence, where one person, on seeing the police, fled
away and succeeded in it. On search, about 2.1 litres of
Patna High Court CR. MISC. No.18637 of 2026(2) dt.08-04-2026
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country-made illicit liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the present case
due to secret information and oblique motive. The name
of the petitioner has transpired on the basis of disclosure
by the local choukidar. He next submits that illicit liquor
has not been been recovered from conscious possession of
the petitioner and/or from the premises belonging to him.
Rather, illicit liquor has been recovered from dalan
(corridor) near his house, which is an open space
accessible to all and sundry.
5. Regards being had to the submission made by the parties
and taking into consideration the fact that illicit liquor has
not been recovered from conscious possession of the
petitioner and/or his premises, rather, the same has been
recovered from dalan near petitioner’s house which is
open space accessible to all and sundry, I am inclined to
grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within four weeks, be
released on bail on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.18637 of 2026(2) dt.08-04-2026
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(Ten Thousand) with two sureties of the like amount each
to the satisfaction of the learned Exclusive Special Judge
Excise Court No. I, Buxar, in connection with Koransarai
Police Station Case No. 16 of 2026, subject to the
condition laid down under Section 438 (2) of the Code of
Criminal Procedure.
(Anil Kumar Sinha, J)
ashwani/-
U T
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