Patna High Court
Pappu Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that, given the petitioner’s lack of conscious possession of the liquor and his clean antecedent, anticipatory bail under Section 438 CrPC may be granted subject to bond and verification of antecedent.
Summary
The petitioner, Pappu Kumar Rai, owner of a bus, was implicated in a case under Section 30(a) of the Excise Act for the alleged recovery of 22.5 litres of liquor from his vehicle. He was not arrested at the spot and did not have the liquor in his conscious possession; the allegation arose solely because he owned the bus. The petitioner, represented by Mr. Jeetendra Narayan, applied for anticipatory bail, asserting a clean antecedent and lack of knowledge of the alleged misuse of his vehicle. The State opposed the bail. The High Court, applying Section 438(2) of the Criminal Procedure Code, granted provisional anticipatory bail on condition of a bail bond of Rs.500 with two sureties and directed verification of his antecedent. The order stipulated that if any prior case is found, the bail would be withdrawn; otherwise, it would be confirmed.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC to a person alleged to be involved in an offence under Section 30(a) of the Excise Act.
- Whether the petitioner’s lack of conscious possession of the liquor and his clean antecedent justify the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- clean antecedent
- bus seizure
- liquor recovery
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83990 of 2025
Arising Out of PS. Case No.-687 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Pappu Kumar Rai S/O Prabhunath Ray @ Prabhu Nath Rai R/O Village-
Sandha, P.S- Chapra Muffasil, Dist- Saran at Chapra- 841301.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jeetendra Narayan
For the Opposite Party/s : Mr.Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. 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.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 22.5 litres of liquor from a bus.
4. The learned counsel for the petitioner submits 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 the seized bus. It
is next submitted that no prudent person would use his own
vehicle for committing a crime and thus, would create evidence
Patna High Court CR. MISC. No.83990 of 2025(2) dt.05-01-2026
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against himself and hence, would get implicated and at the same
time would disrepute to his business. It is further submitted that
petitioner was completely unaware that Mansoor Alam would
misuse the vehicle in the manner as alleged as he was also
apprehended at the spot along with Chhathilal Rai.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. 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.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
Marhowarah P. S. Case No.687 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. 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 even one case, then it
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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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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