Patna High Court
Pappu Paswan @ Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of antecedents.
Summary
The petitioner, Pappu Paswan, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging recovery of 10 litres of liquor from a location adjacent to his kiosk. He has four prior criminal cases, three of which are also under the Excise Act, and contends he was not arrested at the spot and that the evidence is based on secret information. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.20,000 with two sureties, subject to verification of his antecedents. The order stipulated that if verification reveals more than four prior cases, the bail would not be confirmed; otherwise, it would be confirmed. The application was allowed, granting anticipatory bail with conditions.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC in the present case.
- Whether the petitioner’s prior criminal antecedent of four cases precludes the grant of anticipatory bail.
- Whether the alleged recovery of liquor from premises adjacent to the petitioner’s kiosk justifies arrest.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- prior criminal antecedent
- bail conditions
- liquor smuggling
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81397 of 2025
Arising Out of PS. Case No.-249 Year-2025 Thana- ALOULI District- Khagaria
======================================================
Pappu Paswan @ Pappu Kumar Son of Ramotar Paswan R/o Ward no. - 6,
Rampur Alauli, P.S. - Aauli, Dist. - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Mohan Singh
For the Opposite Party/s : Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The learned counsel for the petitioner submits that
the defects as pointed out by the office shall be removed during
course of the day.
3. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
4. The learned counsel for the petitioner submits that
the petitioner has antecedent of four cases out of which three
cases are under the Excise Act and allegation is of recovery of
10 litres of liquor from a place beside the kiosk of the petitioner.
5. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.81397 of 2025(2) dt.21-01-2026
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recovered from his conscious possession and even alleged
recovery is from a place, which does not belong to the
petitioner, but then, is adjacent to his kiosk and he came to be
implicated based on secret information, which is the easiest way
to implicate someone. It is next submitted that police in majority
of cases implicating innocent persons either at the behest of
Chaukidar, local person, secret information and confessional
statement in a mechanical manner without holding a proper
investigation.
6. Learned A.P.P. opposes the anticipatory bail
application.
7. 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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.20,000/- (Rupees Twenty 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 Khagaria (Alauli) P. S. Case No.249 of 2025,
subject to the conditions laid down under Section 438(2) of the
Cr.P.C.
Patna High Court CR. MISC. No.81397 of 2025(2) dt.21-01-2026
3/3
8. The application stands allowed.
9. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than four cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of four cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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