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Patna High Court

Pappu Yadav @ Pappu Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that, as the illicit liquor was not recovered from the petitioner’s possession, anticipatory bail was warranted.

Summary

The petitioner, Pappu Yadav, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Sections 30(a) and 32(c) of the Bihar Prohibition and Excise Act, 2018, after 8.64 litres of liquor were recovered from a motorcycle. The petitioner contended that the recovery was not made from his physical possession, that his name appeared only on the basis of a co‑accused’s statement, and that he was not present at the scene. He applied for anticipatory bail, while the Additional Public Prosecutor opposed the relief. The Court examined the factual submissions and noted the lack of direct possession by the petitioner. Consequently, the Court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted when the alleged contraband was not recovered from the petitioner’s physical possession.
  • Whether the petitioner’s mere inclusion in the FIR based on a co‑accused’s statement justifies denial of bail.
  • Applicability of Section 438(2) CrPC and Section 482(2) BNSS in granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • excise law
  • possession
  • Bihar Prohibition and Excise Act
  • CrPC Section 438
  • BNSS Section 482

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.44893 of 2026
                  Arising Out of PS. Case No.-18 Year-2026 Thana- EXCISE MAHAMMADPUR District-
                                                        Gopalganj
                 ======================================================
                 Pappu Yadav @ Pappu Kumar Yadav S/o- Anil Yadav @ Anil Kumar Yadav
                 R/o Village- Jadopur Dukhharan, P.S.- Yadopur, District- Gopalganj, Bihar.

                                                                               ... ... Petitioner
                                                    Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :      Mr. Aman Kumar, Advocate
                 For the Opposite Party :      Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   08-07-2026                 Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Mohammadpur

                   Excise P.S. Case No.18 of 2026 registered under Sections

                   30(a) and 32(c) of Bihar Prohibition and Excise Act, 2018.

                               3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 8.64 litres of IMFL/country-made liquor.

                               4. It is submitted by learned counsel appearing for

                   the petitioner that recovery of alleged illicit liquor was made

                   from a motorcycle, bearing Registration No. BR28W 0717,
Patna High Court CR. MISC. No.44893 of 2026(2) dt.08-07-2026
                                            2/3




          which was involved in carrying illegal consignment of liquor.

          It is also submitted that name of this petitioner arrayed

          solely on the disclosure made by the apprehended co-

          accused. It is further submitted that petitioner is neither

          connected in any manner with the alleged liquor nor was he

          present at the spot and it can be safely said that recovery of

          illicit liquor was not made from conscious possession of this

          petitioner. Explaining criminal antecedent, it is submitted

          that the petitioner found involved in four more criminal

          cases, where he is on bail.

                       5. Learned APP opposed the prayer of anticipatory

          bail to the petitioner.

                       6. In view of aforesaid factual submissions and by

          taking note of the fact as recovery of illicit liquor prima facie

          not appears to be made from physical possession of this

          petitioner, accordingly, the petitioner, above-named, in the

          event of his arrest or surrender in the court below within a

          period of four weeks from today, is directed to be released

          on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the
           Patna High Court CR. MISC. No.44893 of 2026(2) dt.08-07-2026
                                                       3/3




                     satisfaction of the learned Court of Exclusive Special Excise

                     Court No. II, Gopalganj, in connection with Mohammadpur

                     Excise P.S. Case No.18 of 2026, subject to the conditions as

                     laid down under Section 438(2) of the CrPC/under Section

                     482(2) of the BNSS.


                                                         (Chandra Shekhar Jha, J.)

Aniket/-

U      T


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