Patna High Court

Pappu PrasadversusThe State Of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: ARUN KUMAR JHA

Holding

The court granted bail to the petitioner subject to a bond and conditions.

Summary

Pappu Prasad, a driver, was arrested after his vehicle was intercepted and 350 litres of illicit country-made liquor were seized, leading to charges under Section 30(a) of the Bihar Prohibition & Excise Act. The petitioner claimed he was merely the driver, not the owner, and asserted his innocence, citing a clean antecedent and lack of independent witnesses to the seizure. The State opposed bail, but the court considered the circumstances, including the petitioner’s short period of custody since 18‑01‑2026 and his clean record. The court ordered his release on bail, requiring a Rs.10,000 bond with two sureties and conditions under Section 480(3) of the BNSS. The bail order also stipulated that one bailor be a close relative and that the petitioner appear on all court dates, with cancellation possible for non‑compliance.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act
Whether the conditions prescribed in Section 480(3) of the BNSS are applicable to the bail order

Legislation cited

BNSS — s. 480(3)

Subjects

bail
Bihar Prohibition & Excise Act
illicit liquor
Section 30(a)
clean antecedent
Section 480(3) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10568 of 2026
                        Arising Out of PS. Case No.-28 Year-2026 Thana- HISUWA District- Nawada
                 ======================================================
                 Pappu Prasad, S/O Rampati Mahto, Resident of Village- Pater, P.S.-
                 Wazirganj, District- Gaya Jee,

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Man Mohan Kumar, Advocate
                 For the Opposite Party/s :       Mr.Ajay Kumar No. 2, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Hisua P.S. Case No. 28 of 2026, registered for

                   the alleged offence under Section 30(a) of the Bihar Prohibition

                   & Excise Act.

                                3. As per prosecution case, on secret information, the

                   vehicle of the petitioner was intercepted and the petitioner was

                   apprehended and recovery of total 350 liters of illicit country

                   made liquor was made from his vehicle.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. The petitioner is stated to be the driver of the vehicle, but

                   he is innocent. He is not the owner of the vehicle and he has no
Patna High Court CR. MISC. No.10568 of 2026(2) dt.17-02-2026
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          concern with the seized liquor. There is no independent witness

          to the search and seizure. The petitioner is in custody since

          18.01.2026 and is having clean antecedent.

                       5. Learned APP for the State opposes the submission

          made on behalf of the petitioner.

                       6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          period of custody of the petitioner along with his clean

          antecedent, the petitioner above named is directed to be released

          on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand)

          with two sureties of the like amount each to the satisfaction of

          learned Exclusive Special Judge, Excise Court No. 1, Nawada

          /court concerned in connection with Hisua P.S. Case No. 28 of

          2026, subject to the conditions mentioned in Section 480(3) of

          BNSS and the following conditions:

                        (i) One of the bailors will be a close relative of

                        the petitioner.

                        (ii) The petitioner will remain present on each

                        and every date fixed by the court below.

                        (iii) In case of absence on three consecutive

                        dates or in violation of the terms of the bail, the

                        bail bond of the petitioner will be liable to be
           Patna High Court CR. MISC. No.10568 of 2026(2) dt.17-02-2026
                                                       3/3




                                   cancelled by the court concerned.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T

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