Patna High Court
Pappu sahani @ Pappu chaudhariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner, subject to bail bond, sureties and verification of his criminal antecedent.
Summary
Petitioner Pappu Sahani sought anticipatory bail fearing arrest in a case under Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He argued that no liquor was recovered from his possession, the alleged recovery sites were public and not his, and that the complaint was motivated by an inimical relationship with the reporting chaukidar. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.5,000 with two sureties and subject to verification of the petitioner’s criminal antecedent. If more than one prior case is found, the bail will not be confirmed; if only one prior case is found, the bail will be confirmed forthwith. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances alleged?
- Whether the petitioner’s alleged lack of possession and the motive of the complainant justify the grant of anticipatory bail?
- Whether the conditions imposed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. are sufficient to safeguard the trial process?
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 274, 275
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 274 B.N.S. Act
- Section 275 B.N.S. Act
- Section 30(a) Bihar Prohibition and Excise Act
- criminal antecedent
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21677 of 2026
Arising Out of PS. Case No.-542 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
Pappu Sahani @ Pappu Chaudhari Son of Sharjan Sahani Resident of village -
Gopalpur, PS - Motihari Town, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-04-2026 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 Sections 274 and
275 of the BNS, 2023 as well as Section 30(a) of the Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 50.93 litres of liquor from five
different places.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to villagers at large. It is further submitted that
Patna High Court CR. MISC. No.21677 of 2026(2) dt.17-04-2026
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petitioner came to be implicated at the instance of the
Chawkidar with whom he is on an inimical term. It is next
submitted that if the Chawkidar was aware of the involvement
of the petitioner in the occurrence then why he did not inform
the police prior to the institution of the instant FIR which casts
an aspersion on the case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on provisional
anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees
Five Thousand) with two sureties of the like amount each to the
satisfaction of the learned Trial Court where the case is
pending/Successor Court in connection with Banjariya P.S. Case
No. 542 of 2025, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than one
case, it would be presumed that petitioner had concealed his
Patna High Court CR. MISC. No.21677 of 2026(2) dt.17-04-2026
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antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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