Patna High Court
Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner, subject to bond, sureties, and verification of antecedents.
Summary
The petitioner, Pappu Kumar, was implicated in a case alleging recovery of 160 litres of liquor from two motorcycles, one of which he owned. He argued that he had no knowledge of the liquor being in his vehicle and that no liquor was found in his immediate possession, emphasizing his clean criminal record. The State opposed his request for anticipatory bail. The Court, considering the lack of direct possession, the petitioner's clean antecedent, and the principle that an owner need not be complicit for a friend's misuse of the vehicle, granted provisional anticipatory bail subject to a modest bond and two sureties. The order also directed the trial court to verify the petitioner's antecedents, with the bail to be confirmed only if no prior cases are found.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the alleged recovery of liquor from a vehicle he owned.
- Whether the lack of direct possession and a clean antecedent justify granting anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- possession
- vehicle owner liability
- Bihar Prohibition and Excise Act
- Section 482 CrPC
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.806 of 2026
Arising Out of PS. Case No.-155 Year-2025 Thana- MESKAUR District- Nawada
======================================================
Pappu Kumar S/o Naresh Prasad Yadav Resident of Village- Mahugay, P.S.-
Parnadabar @ Parandabar, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar
For the Opposite Party/s : Mr. Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-01-2026 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 Sections 30(a), 41 of
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 160 litres of liquor from two motorcycles. It is next
submitted that petitioner was not arrested from the spot as such
nothing was recovered from his conscious possession and he
came to be implicated based on the fact that he is owner of one
of the seized vehicle. It is next submitted that no prudent person
would use his own vehicle for committing an occurrence and
thus would create evidence against himself and hence would get
Patna High Court CR. MISC. No.806 of 2026(2) dt.19-01-2026
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implicated. It is thus submitted that the petitioner was
completely unaware that his friend would misuse his vehicle in
the manner as alleged.
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.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 Meskaur
P.S. Case No.155/2025, 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 even one
case, 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
on verification it is found that petitioner is a person with clean
Patna High Court CR. MISC. No.806 of 2026(2) dt.19-01-2026
3/3
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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