Patna High Court
Pappu Kumar @ Pappu Sahni @ Pappu Kumar SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bail bond, sureties, and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Pappu Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 97.5 litres of liquor from a Hyundai car. He argued that the liquor was not found in his conscious possession, he was not the vehicle's owner, and the local informant’s failure to report his involvement before filing the FIR casts doubt on the prosecution's case. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.30,000 with two sureties and directing the trial court to verify the petitioner’s criminal antecedent. If more than six prior cases are found, the bail will not be confirmed; if exactly six, the provisional bail will be confirmed. The order is subject to Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s alleged lack of possession and ownership of the seized vehicle warrants bail.
- Whether the petitioner’s criminal antecedent of six cases affects the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Instruments (or relevant) Statute (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- Section 482
- liquor seizure
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34412 of 2026
Arising Out of PS. Case No.-1184 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Pappu Kumar @ Pappu Sahni @ Pappu Kumar Sahni son of Bhogendra Sahni
Resident Of Village - Amar Singh Asthan, Shekhpur Dhab, Ps -Ahiyapur
District -Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Shekhar Anand
For the Opposite Party/s : Ms. Veena Kumari Jaiswal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-05-2026 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
petitioner has antecedent of six cases under the Excise Act and
allegation is of recovery of 97.5 liters of liquor from a Hyundai
car.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of the seized vehicle and he came to be implicated at the
Patna High Court CR. MISC. No.34412 of 2026(2) dt.15-05-2026
2/3
instance of local person, but then it is submitted that if local
person was aware of 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.
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.
30000/- (Rupees Thirty 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 Ahiyapur
P.S. Case No. 1184 of 2025 subject to the conditions as laid
down under Section 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 six cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.34412 of 2026(2) dt.15-05-2026
3/3
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 six
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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