Patna High Court
Pappu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted and the condition of a clean antecedent is deleted.
Summary
Petitioner Pappu Singh was arrested for possession of 198 litres of illicit liquor, alleged to have contravened Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He applied for regular bail, claiming innocence but acknowledging one prior criminal antecedent that had been suppressed earlier. The trial court had initially granted bail conditioned on verification of a clean antecedent, but upon discovering the suppressed antecedent, the condition was contested. The High Court examined whether the bail could be maintained despite the undisclosed antecedent and whether the clean‑antecedent condition could be removed. The Court held that bail should be granted and the clean‑antecedent condition deleted, directing the petitioner’s release on bail as per the earlier order. Consequently, the bail application was allowed.
Issues considered
- Whether bail can be granted when the petitioner has suppressed a criminal antecedent.
- Whether the condition of a clean antecedent can be removed in a bail order.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
Subjects
- bail
- criminal antecedent
- illicit liquor
- Bihar Prohibition and Excise Act
- suppression of antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23704 of 2026
Arising Out of PS. Case No.-1727 Year-2025 Thana- Excise P.S. District- Muzaffarpur
======================================================
Pappu Singh Son of Late Nawal Kishore Singh R/o Village - Shahbazpur, P.S.
- Ahiyapur, Dist. - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr.Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in the present case
registered for the offences punishable under Sections 30(a),
32(3) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 198 liters of illicit
liquor was recovered from five plastic bags.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that petitioner has
one criminal antecedent and he is in custody since 26.10.2025.
The petitioner undertakes to co-operate in the case/ trial.
5. Earlier the prayer for bail was allowed by this
Court subject to verification of the criminal antecedents of the
Patna High Court CR. MISC. No.23704 of 2026(2) dt.01-05-2026
2/2
petitioner, but at the time of acceptance of bail bonds, it has
been disclosed that one criminal antecedent was suppressed by
the petitioner.
6. Considering the above, the petitioner is directed to
be released on bail on the conditions mentioned in order dated
24.12.2025 in Cr. Misc. No. 88524/2025.
7. So far as the condition of clean antecedent is
concerned, the same is deleted.
8. Accordingly, this application stands allowed.
(Sandeep Kumar, J)
tusharika/-
U T
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