Patna High Court
Pappu Yadav @ Ravindra Kumar Yadav @ Ravindra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail with conditions, subject to verification of the petitioner’s antecedent.
Summary
The petitioner, Pappu Yadav, was implicated in an FIR under Section 30(a) of the Bihar Excise Act for the alleged recovery of 100 litres of liquor near Chalho hill. He argued that he was not arrested at the spot, no liquor was found in his possession, and the alleged recovery site is a public area, with the informant being an inimical chowkidar. The petitioner, who has four prior excise cases, sought anticipatory bail, contending that the investigation was mechanically driven and lacked proper inquiry. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a Rs. 20,000 bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedent, stipulating that if more than four prior cases are found, the bail will not be confirmed, whereas if exactly four are confirmed, the bail will be affirmed.
Issues considered
- What is the appropriateness of granting anticipatory bail to a person accused under Section 30(a) of the Bihar Excise Act where no possession is established?
- Whether the petitioner’s prior four excise cases affect the grant of anticipatory bail?
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Substances (or similar) Statutes (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30(a)
- prior convictions
- public place
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28433 of 2026
Arising Out of PS. Case No.-62 Year-2025 Thana- SALAIYA District- Aurangabad
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Pappu Yadav @ Ravindra Kumar Yadav @ Ravindra Kumar Son of Naresh
Yadav Resident of Village -Jogiya PS- Gurua District -Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Singh
For the Opposite Party/s : Mr.Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-04-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 100 litres of liquor from a place near
Chalho hill.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.28433 of 2026(2) dt.29-04-2026
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at the instance of Chowkidar with whom he is on an inimical
term. It is next submitted that if Chowkidar was aware about
the involvement of the petitioner in the occurrence, then why he
did not inform the police prior to institution of the instant FIR,
which casts an aspersion on the case of the prosecution. It is
further submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation. It is also submitted that petitioner earlier also in
similar manner came to be implicated in cases relating to
Excise.
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 for the petitioner, the petitioner above-named, in the event
of his arrest or surrender before the learned trial court within a
period of six weeks from today, be released on Provisional
anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees
Twenty Thousand) 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 Salaiya P.S. Case No.
62 of 2025, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.28433 of 2026(2) dt.29-04-2026
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482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of more than four
cases then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of four cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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