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Patna High Court

Pappu Kumar RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

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 The order stipulated that if any prior case is found, the bail would be withdrawn; otherwise, it would be confirmed.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

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
                                            2/3




          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
               Patna High Court CR. MISC. No.83990 of 2025(2) dt.05-01-2026
                                                           3/3




                         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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