Patna High Court
Pappu Kumar @ Pappu RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Pappu Kumar, sought anticipatory bail after the police registered a case under Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act alleging recovery of 4,242.120 litres of liquor from two vehicles and a dilapidated house. The petitioner contended that he was not in possession of the seized items, did not own the vehicles or the house, and that the investigation was mechanically initiated without proper inquiry. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.20,000 with two sureties of the same amount, and that the trial court verify his criminal antecedent. If the verification shows more than four prior cases, the bail will not be confirmed; if only four, it will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the alleged excise offences and his prior criminal antecedent.
- Whether the conditions imposed by the Court, including bond, sureties and verification of antecedent, are appropriate and lawful.
Legislation cited
- Bihar Negotiable Instruments (or related) Special Statute — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 41, 47
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- excise offences
- criminal antecedent
- Bihar Prohibition and Excise Act
- bond and sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34477 of 2026
Arising Out of PS. Case No.-84 Year-2026 Thana- KARJA District- Muzaffarpur
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Pappu Kumar @ Pappu Rai S/o Kumdeo Ray @ Kumberdeo Ray @
Kuwardeo Ray R/o vill - Bajitpur Kodariya, P.S.- Turki (Kudhani), Distt.-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Nitu Kumari, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 25-06-2026 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 Sections 30(a), 41
and 47 of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 4242.120 litres of liquor from two
vehicles and from a dilapidated house.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of any of the seized vehicles nor
the house belongs to him and he came to be implicated at the
Patna High Court CR. MISC. No.34477 of 2026(3) dt.25-06-2026
2/3
instance of the local person but then it is submitted that once an
accused is implicated in a case relating to excise the police start
implicating mechanically either at the instance of the
Chawkidar, local person, confessional statement or secret
information without holding a proper investigation of the case.
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 appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender 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 Karja P.S. Case
No. 84 of 2026, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than four
cases, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.34477 of 2026(3) dt.25-06-2026
3/3
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only four cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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