Patna High Court
Pappu Singh @ Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Pappu Singh, sought anticipatory bail fearing arrest in a case alleging possession of 2000 ml of illicit beer under Section 30(a) of the Bihar Excise Act. He contended that the liquor was recovered from a refrigerator in a house jointly occupied by others, not from his constructive possession, and that the seizure violated Section 103 of the BNSS. The State opposed the bail, noting a prior criminal antecedent under IPC Sections 379 and 411 for which the petitioner was on bail. The High Court, considering the lack of constructive possession and joint ownership of the premises, granted anticipatory bail with a bond of Rs.10,000 and two sureties, imposing conditions under Section 482(2) of the BNSS. The order directs the petitioner to appear before the trial court and restricts tampering with witnesses or committing further offences.
Issues considered
- Whether anticipatory bail should be granted when the alleged seizure is not from the petitioner's constructive possession and the premises are in joint possession.
- Whether the petitioner's prior criminal antecedent under IPC Sections 379 and 411 bars the grant of anticipatory bail.
- Whether the seizure of the illicit liquor complied with Section 103 of the BNSS.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Non-Statutory (BNSS) — s. 103, 482(2)
- Indian Penal Code — s. 379, 411
Subjects
- anticipatory bail
- illicit liquor
- constructive possession
- joint possession
- Bihar Excise Act
- Indian Penal Code
- bail conditions
- Section 103 BNSS
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35123 of 2026
Arising Out of PS. Case No.-90 Year-2026 Thana- SANDESH District- Bhojpur
======================================================
Pappu Singh @ Sanjay Kumar S/o Gupteshwar Singh Resident of Village-
Thirthkail, P.S.- Sandesh, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh, Adv.
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-05-2026 Heard Piyush Kumar Pandey, learned counsel for the
petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Sandesh P.S. Case No. 90 of 2026 for the
offence punishable under sections 30(a) of the Bihar Excise
Act, lodged on 04.04.2026 by the informant.
3. As per the prosecution case, there has been
recovery of 2000 Mili Litres of illicit Beer. Accordingly, the
FIR.
4. Learned counsel for the petitioner submits that the
alleged recovery has not been made from the constructive
possession of the petitioner rather it has been recovered from the
refrigerator kept in the house of the petitioner which is in joint
possession of others also. There is a violation of Section 103 of
the BNSS while making seizure of the said liquor. It has fairly
Patna High Court CR. MISC. No.35123 of 2026(2) dt.25-05-2026
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been submitted that the petitioner has got one criminal
antecedent in connection with Sandesh PS Case No. 293/2022
under Section 379, 411 of the IPC in which, he is on bail.
5. Learned APP opposes the prayer for anticipatory
bail.
6. Considering the fact that the recovery has not been
made from the constructive possession of this petitioner and the
house from where the seizure is said to have been made is in
joint possession of others also, this Court is inclined to extend
him the privilege of anticipatory bail.
7. Let the petitioner, above named, be released on
bail in the event of arrest or surrender within a period of six
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten thousand) with two sureties of like amount
each to the satisfaction of learned Exclusive Special Judge,
Excise-II, Bhojpur at Ara in connection with aforesaid PS Case,
subject to the conditions as laid down under Section 482(2) of
the BNSS as well as the following conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Patna High Court CR. MISC. No.35123 of 2026(2) dt.25-05-2026
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Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his bail bond by
the Trial Court itself;
(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his bail bonds.
(Ajit Kumar, J)
perwez
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