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Patna High Court

Pappu RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
           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
                                            2/3




          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
              Patna High Court CR. MISC. No.303 of 2026(2) dt.15-01-2026
                                                          3/3




                        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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