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Patna High Court

Pappu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail should be granted to the petitioner as he has no criminal antecedent and the allegations against him are based solely on co‑accused’s disclosure.

Summary

The petitioner, Pappu Kumar, applied for anticipatory bail in a case (Police Station Case No.133 of 2018) involving alleged illegal storage of 51 litres of IMFL under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution’s case was based on information from a police informant and the disclosure of co‑accused persons, none of whom recovered any liquor from the petitioner nor apprehended him at the scene. The petitioner contended that he was falsely implicated, had no criminal antecedent, and that the allegations rested solely on the co‑accused’s statements. The court, noting the lack of any direct recovery or arrest of the petitioner and his clean record, exercised its discretion under Section 438 of the CrPC and granted anticipatory bail. The bail was conditioned on a bond of Rs 10,000 with two sureties and compliance with Section 482(2) of the BNSS, 2023. The application was therefore allowed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC when the petitioner is implicated solely on the basis of co‑accused’s disclosure.
  • Whether the absence of criminal antecedent and lack of any seizure from the petitioner justify the grant of anticipatory bail.
  • Whether conditions under Section 482(2) of the BNSS, 2023 are applicable to the bail order.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • co‑accused disclosure
  • criminal antecedent
  • Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24034 of 2026
                        Arising Out of PS. Case No.-133 Year-2018 Thana- BIHAR District- Nalanda
                 ======================================================
                 Pappu Kumar S/o Brahmdeo Yadav R/o - Shahwajpur, P.S - Parsa Bazar,
                 District - Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Amresh Kumar Sinha
                 For the Opposite Party/s :        Mr. Syed Ehteshamuddin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   22-04-2026                     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 Bihar Police Station Case No. 133 of 2018,

                   disclosing offences under Section 30(a) of the Bihar Prohibition

                   and Excise Act, 2016.

                                   3. The prosecution case, as per the written report of

                   the informant ASI, is that while on night patrolling, he received

                   secret information regarding illegal storage of a large quantity of

                   IMFL by certain accused persons at their respective houses.

                   Acting on this information, the police conducted raids at the

                   premises of Chandan Kumar and Saryug Yadav in the presence

                   of independent witnesses, resulting in the recovery and seizure

                   of a total of 51 litres of IMFL. During the operation, some of the
Patna High Court CR. MISC. No.24034 of 2026(2) dt.22-04-2026
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          accused were apprehended, and upon interrogation, they

          disclosed that the liquor had been supplied by another co-

          accused.

                          4. Learned Counsel for the petitioner submits that

          the petitioner has falsely been implicated in the present case as

          no recovery was made from him and he was neither present nor

          apprehended from the place of occurrence. Petitioner’s name

          transpired on the basis of disclosure made by apprehended co-

          accused persons as an alleged supplier, and he has no

          connection with the seized liquor, the place of recovery, or the

          accused persons. Petitioner is having no criminal antecedent.

                          5. Having regard to the submissions made on

          behalf of the parties and taking into consideration the fact that

          petitioner has been made accused on the basis of disclosure

          made by apprehended co-accused persons and petitioner is

          having no criminal antecedent, 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/- (ten thousand) with two sureties of the like amount
           Patna High Court CR. MISC. No.24034 of 2026(2) dt.22-04-2026
                                                       3/3




                     each to the satisfaction of learned District and Additional

                     Sessions Judge, 5th cum Special Judge, Excise-1, in connection

                     with Bihar Police Station Case No. 133 of 2018, subject to the

                     condition laid down under Section 438 (2) of the Code of

                     Criminal Procedure/Section 482(2) of the BNSS, 2023.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T


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