Patna High Court

Pappu Yadav @ Ravindra Kumar YadavversusThe State of Bihar

Decided: 7 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court ordered provisional anticipatory bail subject to verification of the petitioner’s antecedents, confirming it if he has exactly three prior cases and refusing confirmation if more.

Summary

The petitioner, Pappu Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 100 litres of liquor from a public bush near Chalho Hill. He argued that no liquor was found in his possession, the location did not belong to him, and the case was based on secret information without proper investigation, despite his three prior excise cases. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed the trial court to verify his criminal antecedents. If more than three prior cases are found, the bail will not be confirmed; if exactly three, it will be confirmed forthwith.

Issues considered

Whether anticipatory bail should be granted in an excise offence where no possession is established and the alleged contraband was recovered from a public place.
Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
excise offence
Bihar Prohibition and Excise Act
criminal antecedent
public place
secret information
Section 30(a)
Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68886 of 2025
                      Arising Out of PS. Case No.-52 Year-2025 Thana- SALAIYA District- Aurangabad
                 ======================================================
                 Pappu Yadav @ Ravindra Kumar Yadav S/o Naresh Yadav R/o Village-
                 Yogiya, PS- Gurua, District- Gaya

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rakesh Singh
                 For the Opposite Party/s :        Ms. Veena Kumari Jaiswal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   07-01-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases under the Excise Act and

                   allegation is of recovery of 100 litres of liquor from a bush near

                   Chalho Hill. It is next submitted that petitioner was not arrested

                   from the spot as such nothing was recovered from his conscious

                   possession and even alleged recovery is from a place which

                   does not belong to the petitioner and is accessible to public at

                   large and he came to be implicated based on secret information

                   which is the easiest way to implicate someone. It is next
Patna High Court CR. MISC. No.68886 of 2025(3) dt.07-01-2026
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          submitted that once an accused is implicated in a case relating to

          excise, the police starts implicating mechanically either through

          chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.15000/- (Rupees fifteen thousand) 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

          Salaiya P.S. Case No.52/2025, subject to the conditions as laid

          down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          three cases, in that event, it would be presumed that petitioner

          had concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
             Patna High Court CR. MISC. No.68886 of 2025(3) dt.07-01-2026
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                       on verification it is found that petitioner has antecedent of three

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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