Patna High Court
Pappu RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to bond, sureties and verification of his antecedent.
Summary
The petitioner, Pappu Ram, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 12.75 litres of liquor from a hut not belonging to him. He argued he has a clean antecedent, was not arrested on the spot, and the allegation was based on secret information without any possession in his conscious control. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent. If any antecedent is found, the bail will not be confirmed; otherwise, the provisional order will be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s clean antecedent and lack of possession justify the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- clean antecedent
- bail bond
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38023 of 2026
Arising Out of PS. Case No.-45 Year-2026 Thana- Panapur District- Muzaffarpur
======================================================
Pappu Ram S/o Harendra Ram R/o vill - Tikhan Bakatpur, P.S.- Panapur
Kariyat, Distt.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shabina Talat
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-06-2026 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 Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 12.750 litres of liquor from a hut near aluminum factory.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner and
he came to be implicated based on secret information which is the
easiest way to implicate someone without holding a proper
investigation.
Patna High Court CR. MISC. No.38023 of 2026(2) dt.17-06-2026
2/2
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 within a period of six weeks from today, be
released on Provisional anticipatory bail on furnishing bail bonds
of Rs. 500/- (Rupees Five Hundred) 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 Panapur P.S. Case
No. 45 of 2026 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 even one case then it
would be presumed that petitioner, for the purposes of seeking
anticipatory bail, had concealed his antecedent before this Court, as
such, the provisional anticipatory bail order shall not be confirmed,
but after verification if it is found that petitioner is a person with
clean antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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