Patna High Court
Pappu Kumar @ TahirversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court ordered provisional anticipatory bail with conditions, pending verification of the petitioner’s antecedent.
Summary
Pappu Kumar was accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for allegedly possessing 3.420 litres of liquor recovered from his meat shop. He contended that he had a clean antecedent, that the liquor was not in his conscious possession, and that the police investigation was mechanically driven on the basis of a hostile chaukidar’s statement. He applied for anticipatory bail, arguing that no reasonable person would use his business premises to create incriminating evidence. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.500 with two sureties, subject to verification of the petitioner’s antecedent by the trial court. If any prior case is found, the bail will not be confirmed; if the petitioner is found to have a clean record, the bail will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the alleged recovery of liquor from the petitioner’s premises constitutes conscious possession sufficient to deny bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Prohibition and Excise Act
- conscious possession
- clean antecedent
- provisional bail
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26757 of 2026
Arising Out of PS. Case No.-70 Year-2026 Thana- CHANPATIA District- West Champaran
======================================================
Pappu Kumar @ Tahir S/O Shiv Kumar R/O Vill.- Chanpatia, Ward No. 7,
P.S.- Chanpatia, Dist.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharad Kumar Verma, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-04-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 3.420 litres of liquor from the meat shop of the
petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that no prudent person would use his own business premises for
committing an occurrence and, thus, would create evidence
against himself and, hence, would get implicated. It is next
Patna High Court CR. MISC. No.26757 of 2026(2) dt.23-04-2026
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submitted that at the meat shop, customers come and it appears
that any customers seeing the police kept the liquor near the
meat shop of the petitioner and fled away but then he came to be
implicate at the instance of the Chawkidar with whom he is on
an inimical term. It is also submitted that the police in
mechanically manner investigate and implicate at the instance of
the Chawkidar, local person, confessional statement or secret
information without holding a proper investigation of the case.
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.500/- (Rupees
Five Hundred) 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 Chanpatia P.S.
Case No. 70 of 2026, 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
Patna High Court CR. MISC. No.26757 of 2026(2) dt.23-04-2026
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and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
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 is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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