Patna High Court
Pappu RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail for the petitioners, subject to verification of their criminal antecedents and compliance with the stipulated conditions.
Summary
The petitioners, three brothers from Kushar village, sought anticipatory bail fearing arrest in a case registered under IPC Sections 272 and 273 and Bihar Excise Act Sections 30(a), 32 and 41(1) for allegedly recovering 10 litres of liquor and 1000 kg of mahua from a public bush. They argued they have no prior criminal record, that the alleged contraband was not found in their possession, and that the informant (a chowkidar) failed to alert police earlier, casting doubt on the prosecution's case. The State opposed the bail application. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on furnishing bail bonds of Rs. 500 with two sureties each, and directed the trial court to verify the petitioners' antecedents within six weeks. The order further stipulated that if any petitioner is found to have concealed a prior case, the bail would not be confirmed for that individual; otherwise, the provisional bail would be confirmed. The decision was based on the principles of Section 482(2) of the BNSS and the need to balance the presumption of innocence with the seriousness of the alleged offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of alleged possession and clean antecedent.
- Whether the lack of immediate recovery of the alleged contraband and the informant's delay affect the merits of the bail application.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for confirming or cancelling the provisional bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- IPC
- Excise law
- liquor seizure
- clean antecedent
- provisional bail
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.303 of 2026
Arising Out of PS. Case No.-33 Year-2023 Thana- KESARIA District- East Champaran
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1. Pappu Rai son of Prabhu Rai Resident of village- Kushar, P.S- Keshariya,
Distt-East Champaran
2. Sonu Rai Son of late Akhilesh Rai Resident of village- Kushar, P.S-
Keshariya, Distt-East Champaran
3. Kanhaiya Rai Son of Bhupendra Rai. Resident of village- Kushar, P.S-
Keshariya, Distt-East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar Singh
For the Opposite Party/s : Mr.Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 272 and
273 of the IPC and Sections 30(a), 32, 41(1) of the Bihar Excise
Act.
3. Learned counsel for the petitioners submits that the
petitioners are person with clean antecedent and allegation is of
recovery of 10 litres of liquor along with 1000 kg of mahua
from a bush near a pond.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.303 of 2026(2) dt.15-01-2026
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petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and even the alleged
recovery is from a place which does not belong to the
petitioners and is accessible to villagers at large and they came
to be implicated at the instance of Chowkidar but then it is
submitted that if the Chowkidar was aware about the
involvement of the petitioners 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.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
500/- (Rupees Five Hundred) each 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 Kesariya
P.S. Case No. 33 of 2023, subject to the conditions as laid down
under Section Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
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event if it is found that petitioners have antecedent of even one
case then it would be presumed that petitioners, for the purposes of
seeking anticipatory bail, had concealed their antecedent before
this Court, as such, the provisional anticipatory bail order shall not
be confirmed with respect to that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
found that petitioners are person with clean antecedent in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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