Patna High Court
Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to bond and conditions.
Summary
The petitioner, Pappu Kumar, was arrested after 150 litres of liquor were recovered from a motorcycle and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no ownership or possession of the liquor and that no incriminating material was found on him, asserting his innocence. The State opposed bail, highlighting the petitioner’s six prior criminal antecedents, all currently on bail, and the lack of compliance with Section 103 of the Bihar Narcotic Substances Act, 2023. The Court, after considering the circumstances and the period of custody, decided to grant bail, imposing a bond of Rs.15,000 with two sureties and several conditions regarding appearance, non‑tampering with evidence, and refraining from similar offences. The bail order was conditioned on compliance with these terms, and the trial court was empowered to cancel bail for any violation.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act considering his prior criminal antecedents and lack of incriminating material.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal antecedents
- possession of liquor
- conditions of bail
- Section 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12072 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- ARA NAGAR District- Bhojpur
======================================================
Pappu Kumar S/o Ram Awadhesh Singh R/o Village - Salempur, P.s - Chandi,
District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prabhat Kumar Singh, Advocate
Ms. Priya, Advocate
For the Opposite Party/s : Mrs.Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Town P.S. case No. 2
of 2026 instituted for the offences under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 150 liters
liquor was recovered from motorcycle and the petitioner was
arrested on 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. It is
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further submitted that the petitioner is neither the owner nor has
got any concern with the liquor. The petitioner is in custody
since 21.01.2026 and has got six criminal antecedents in which
is on bail in all cases as stated in paragraph No. 3 of the
application. There is no compliance of Section 103 of B.N.S.S.,
2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. Learned
APP further submits that the petitioner has six criminal
antecedents and he may not be released on bail.
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, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs.15,000/- (Fifteen thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Town P.S. case No. 2 of 2026, subject to the
following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
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fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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