Patna High Court
Pappu Nat @ Pappu RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court held that anticipatory bail should be granted to the petitioners under the specified provisions, subject to a bail bond and verification of criminal antecedents.
Summary
The petitioners, Pappu Nat and Mukesh Nat, were implicated in a case (Nasriganj P.S. Case No. 41 of 2026) for allegedly possessing 23 litres of illicit liquor, an offence under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. They applied for anticipatory bail, claiming innocence, lack of conscious possession, and a clean criminal record, arguing that the liquor was recovered from an open area and that the accusation stemmed from village politics. The State opposed the bail. The High Court examined the applicability of Section 2(1)(d) of the Bihar Narcotic and Substance (B.N.S.S.) Act, 2023, and the conditions under Section 482(2) of the same Act for granting anticipatory bail. Finding no substantive evidence of the petitioners' possession and considering their clean antecedents, the Court granted anticipatory bail subject to a bond of Rs.30,000 each and verification of criminal antecedents. The trial court was directed to verify any concealed antecedents and cancel bail if such are discovered.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 2(1)(d) of the B.N.S.S., 2023 in a case arising under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the circumstances of recovery of illicit liquor justify the grant of bail despite the prosecution's allegations.
Legislation cited
- B.N.S.S., 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- illicit liquor
- section 30(a)
- Bihar Prohibition and Excise Act
- B.N.S.S. 2023
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22633 of 2026
Arising Out of PS. Case No.-41 Year-2026 Thana- NASRIGANJ District- Rohtas
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1. Pappu Nat @ Pappu Ram Son of Kala Nat @ Singh Nat @ Shivram
Resident of Village - Mednipur Tanto Tola, P.S.- Nasriganj, District - Rohtas.
2. Mukesh Nat @ Mukesh Ram Son of Kala Nat @ Singh Nat @ Shivram
Resident of Village - Mednipur Tanto Tola, P.S.- Nasriganj, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant, Advocate
For the Opposite Party/s : Mrs. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Nasriganj P.S. Case No. 41 of 2026 lodged on
10.02.2026, for the offence punishable under section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, FIR has been lodged against
the present petitioners. Total recovery of 23 litres of illicit liquor
has been made, which is the subject matter of the present case.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence.
Counsel submits that nothing has been recovered from the
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conscious possession of the petitioners and the alleged recovery
has been made from straw near the tree which is an open place
and accessible to all. Counsel further submits that the name of
the petitioners has come in this case only due to dirty village
politics. Counsel further submits that the petitioners have clean
antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioners.
6. In the present facts and circumstances of this case,
let the above named petitioners be released on anticipatory bail,
in the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in
Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of
Exclusive Special Judge, Excise II, Sasaram, Rohtas in
connection with Nasriganj P.S. Case No. 41 of 2026, subject to
the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioners, and in case, it is found at any
stage that the petitioners have concealed the fact about their
criminal antecedent(s), the Trial Court shall take steps for
cancellation of bail bond of the petitioners. However, the
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acceptance of the bail bonds in terms of the above-mentioned
order shall not be delayed for the purpose of or in the name of
verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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