Patna High Court
Pappu Yadav @ Pappu Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 32(c)
- BNSS — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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
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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/-
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