Patna High Court
Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
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
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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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