Patna High Court
Pappu Yadav @ Pappu Prasad @ PappuversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was denied as the petitioner’s antecedents and the nature of the offence did not warrant such relief.
Summary
The petitioner, Pappu Yadav, sought anticipatory bail fearing arrest in a 2020 case (PS No. 502) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act involving large quantities of mahua liquor and fermented liquor seized by police. The prosecution alleged that the seized liquor and utensils were linked to the petitioner, and noted his two prior criminal convictions. The petitioner’s counsel argued his innocence, while the State’s counsel highlighted the seriousness of the offence and the petitioner’s antecedents. The Court considered the facts, the seriousness of the offence, and the petitioner’s criminal record, and concluded that no relief could be granted. Consequently, the anticipatory bail application was rejected, with a direction that the petitioner surrender within four weeks for trial.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- section 30(a)
- mahua liquor
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35461 of 2026
Arising Out of PS. Case No.-502 Year-2020 Thana- RAJAOLI District- Nawada
======================================================
Pappu Yadav @ Pappu Prasad @ Pappu S/o Parmeshwar Yadav R/o Vill-
Sakin Satgir, P.S.- Rajauli, Distt- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 21-05-2026 Heard Mr. Pramod Kumar Verma, learned counsel
for the petitioner and Mr. Choubey Jawahar, learned APP for the
State.
2. The petitioner is apprehending his arrest in
connection with Rajauli P.S. Case No. 502 of 2020 for the
offence under section 30(a) of the Bihar Prohibition and Excise
Act.
3. As per the prosecution story, the Police during
patrolling saw some persons. Though, they managed to escape,
there is recovery/seizure of 4 liters of country made mahua
liquor, 1,000 liters of fermented mahua as also utensils. As they
moved forward, another set of recovery of 21 liters mahua and
5,000 liters fermented mahua were found. The locals gave the
name of the accused persons, petitioner included. This led to the
FIR.
Patna High Court CR. MISC. No.35461 of 2026(2) dt.21-05-2026
2/2
4. Though learned counsel for the petitioner tried to
impress upon this Court the innocence, learned APP, Mr.
Choubey Jawahar submits that the case is of the year 2020, and
further, he has two criminal antecedents.
5. Taking into account the submissions of the parties
as also the facts that have been narrated above, no relief can be
extended to the petitioner.
6. The anticipatory bail application stands rejected.
7. If, however, the petitioner surrenders within four
weeks, the concerned Court shall take up the matter and dispose
it of preferably on the same day.
(Rajiv Roy, J)
Adnan/-
U T
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