Patna High Court
Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
The petitioner, Pappu Kumar, was arrested in connection with the recovery of 70 litres of country-made liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no possession of the liquor, that the recovery was from an open area accessible to the public, and that he had no prior criminal record. The petitioner also argued that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering the lack of incriminating material, the petitioner’s clean record, and the period of custody already served, the Court decided to grant bail on the condition of a cash bond and two sureties.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- liquor seizure
- criminal procedure
- Section 103
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10057 of 2026
Arising Out of PS. Case No.-122 Year-2025 Thana- AKILPUR District- Saran
======================================================
Pappu Kumar S/o- Late Rajkumar Rai RO Village- Purani Panapur PS-
Akilpur District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Chetna, Advocate
For the Opposite Party/s : Ms.Indu Kumari Srivastava, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Akilpur
P.S. Case No. 122 of 2025, instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 70 liters
of country made liquor was recovered from bush. Petitioner
was arrested on the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner further submitted that the recovery has been
Patna High Court CR. MISC. No.10057 of 2026(2) dt.19-02-2026
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made from bushes, which is an open place and is accessible to
public at large. The petitioner is in custody since 19.12.2025
and has got no criminal antecedent. There is no compliance of
Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Akilpur P.S. Case
No. 122 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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