Patna High Court
Pappu Kumar Ray @ Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties and verification of antecedents, with confirmation contingent on the number of prior cases.
Summary
The petitioner, Pappu Kumar Ray, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 42.720 litres of liquor were allegedly recovered from a bamboo orchard not belonging to him. He argued that no liquor was found in his possession and that the case was based on secret information without proper investigation, despite having one prior excise case. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a Rs.5,000 bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than one prior case is found, the bail would not be confirmed; if only one prior case, the bail would be confirmed immediately. The order was made under Section 482(2) of the Code of Criminal Procedure.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the CrPC in the context of an excise offence.
- Whether the alleged recovery of liquor from a location not owned by the petitioner and lack of possession justify denial of bail.
- How the petitioner’s prior criminal antecedents affect the grant and confirmation of anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- liquor seizure
- secret information
- criminal antecedents
- Section 30
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7608 of 2026
Arising Out of PS. Case No.-526 Year-2025 Thana- RAJNAGAR District- Madhubani
======================================================
Pappu Kumar Ray @ Pappu Kumar S/o Kishore Rai R/o Village- Mirjapur
Rajnagar, PS- Rajnagar, Distt- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratnakar Jha
For the Opposite Party/s : Mr. Akbar Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-02-2026 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 (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 42.720 litres of liquor from a
Bamboo orchard behind the house of Mithilesh Ray. 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 he came to be implicated based on the secret
information which is the easiest way to implicate someone
Patna High Court CR. MISC. No.7608 of 2026(2) dt.23-02-2026
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without holding a proper investigation. It is also 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.5000/- (Rupees five 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 Rajnagar
P.S. Case No.526/2025, 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
one case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
Patna High Court CR. MISC. No.7608 of 2026(2) dt.23-02-2026
3/3
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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