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Patna High Court

Pappu Kumar @ Pappu RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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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