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Patna High CourtCR. MISC./24034/2026bail granted

Pappu Kumar v. The State Of Bihar

2026-04-22Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24034 of 2026 Arising Out of PS. Case No.-133 Year-2018 Thana- BIHAR District- Nalanda ====================================================== Pappu Kumar S/o Brahmdeo Yadav R/o - Shahwajpur, P.S - Parsa Bazar, District - Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amresh Kumar Sinha For the Opposite Party/s :

Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-04-2026

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Bihar Police Station Case No. 133 of 2018, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the written report of the informant ASI, is that while on night patrolling, he received secret information regarding illegal storage of a large quantity of IMFL by certain accused persons at their respective houses. Acting on this information, the police conducted raids at the premises of Chandan Kumar and Saryug Yadav in the presence of independent witnesses, resulting in the recovery and seizure of a total of 51 litres of IMFL. During the operation, some of the

Patna High Court CR. MISC. No.24034 of 2026(2) dt.22-04-2026 2/3 accused were apprehended, and upon interrogation, they disclosed that the liquor had been supplied by another coaccused.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case as no recovery was made from him and he was neither present nor apprehended from the place of occurrence. Petitioner's name transpired on the basis of disclosure made by apprehended coaccused persons as an alleged supplier, and he has no connection with the seized liquor, the place of recovery, or the accused persons. Petitioner is having no criminal antecedent.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner has been made accused on the basis of disclosure made by apprehended co-accused persons and petitioner is having no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.24034 of 2026(2) dt.22-04-2026 3/3 each to the satisfaction of learned District and Additional Sessions Judge, 5th cum Special Judge, Excise-1, in connection with Bihar Police Station Case No. 133 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023. (Anil Kumar Sinha, J) HarshPandey/- U T