Patna High Court
CR. MISC./55689/2026 of Pappu Kumar Vs The State of Bihar on 13 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55689 of 2026 Arising Out of PS. Case No.-643 Year-2026 Thana- Excise P.S. District- Aurangabad ====================================================== Pappu Kumar Son of Late Pramod Yadav Resident of Village- Rudrakhap, P.S.- Jamhor,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55689 of 2026
Arising Out of PS. Case No.-643 Year-2026 Thana- Excise P.S. District- Aurangabad ======================================================
Pappu Kumar Son of Late Pramod Yadav Resident of Village- Rudrakhap, P.S.- Jamhor, District- Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Ms. Rupa Kumari, Advocate
For the Opposite Party/s :
Mr. Suresh Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
13-08-2026
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 offences punishable under Sections 30(a), 30(c) and 30(d) of the Bihar Prohibition and Excise Act, 2018.
3. Learned counsel for the petitioner submits that petitioner has antecedent of three cases under the Excise Act and allegation is of recovery of 120 litres of liquor from a place near the pond along with other articles.
4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the 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. It is further Patna High Court CR. MISC. No.55689 of 2026(2) dt.13-08-2026
submitted that once an accused is implicated in a case relating to excise the police start implicating mechanically either at the instance of the Chawkidar, local person, confessional statement or secret information without holding a proper investigation of the case.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, let the petitioner, above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen 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 Aurangabad Excise P.S. Case No. 643 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of more than three cases, it would be presumed that petitioner had concealed Patna High Court CR. MISC. No.55689 of 2026(2) dt.13-08-2026
his antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner has antecedent of only three cases in that event the provisional anticipatory bail order shall be confirmed forthwith.
Kundan/- (Satyavrat Verma, J) U T