Patna High Court
Pappu Nut @ Pappu NatversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused as the petitioner’s prior criminal antecedents and the nature of the offence warranted denial.
Summary
The petitioner, Pappu Nut, was implicated in a case (PS‑Marhowrah, Saran) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 105 litres of illicit liquor were seized. The prosecution’s case was that the liquor was recovered from the spot, but no material was found in the petitioner’s conscious possession, and he was accused merely on suspicion. The petitioner sought anticipatory bail, arguing lack of direct evidence. The State opposed, highlighting three prior convictions of a similar nature. The Court considered the petitioner’s criminal antecedents and the seriousness of the offence under the prohibition law. Consequently, the Court refused the prayer for anticipatory bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite lack of material in his possession.
- Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- criminal antecedents
- Bihar Prohibition and Excise Act
- illicit liquor
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27510 of 2026
Arising Out of PS. Case No.-182 Year-2026 Thana- MADHAURAH District- Saran
======================================================
Pappu Nut @ Pappu Nat son of Arvind Nut Resident of Village - Pakahan Nut
Toli, Ps- Marhowrah, Dist- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Marhowrah P. S.
Case No. 182 of 2026 registered for the offences punishable
under Section 30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, 105 liters illicit liquor was
recovered from the spot.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. He has been made accused in this
case only on suspicion.
5. Learned A.P.P. for the State opposes the prayer for
bail and submits that the petitioner has got three criminal
antecedents of similar nature.
6. Considering the criminal antecedents of similar
Patna High Court CR. MISC. No.27510 of 2026(2) dt.04-05-2026
2/2
nature, prayer for anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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