Patna High Court
Pappu Kumar Rai @ Pappu Ray @ Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to a bond of Rs 15,000, two sureties and specified conditions.
Summary
The petitioner, Pappu Kumar Rai, was arrested in connection with a case involving the recovery of 1,500 litres of country‑made liquor from a Tata vehicle, alleged to violate Section 30(a) of the Bihar Prohibition and Excise Act and Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed innocence, stating that his name was mentioned only by a co‑accused and that no incriminating material was found in his possession; he also highlighted his lack of ownership or driving of the vehicle. Although he has three prior criminal antecedents and the prosecution argued non‑compliance with Section 103 of the BNSS, the State opposed bail. The Court considered the circumstances, the petitioner’s custody since 22 January 2026, and the fact that a co‑accused had already been granted bail. It decided to grant bail on a bond of Rs 15,000 with two sureties, imposing conditions that one bailor be a close family member and that the petitioner appear at every trial date, with cancellation possible after two consecutive defaults.
Issues considered
- Whether bail should be granted to the petitioner despite prior criminal antecedents and alleged involvement in the liquor seizure
- Whether the requirements of Section 103 of the Bharatiya Nyaya Sanhita, 2023, have been complied with
- Whether the petitioner’s alleged association, as disclosed by a co‑accused, suffices to deny bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 274, 275
Subjects
- bail
- Bihar Prohibition and Excise Act
- Bharatiya Nyaya Sanhita
- Section 103
- criminal antecedent
- surety
- trial appearance
- excise offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13870 of 2026
Arising Out of PS. Case No.-692 Year-2025 Thana- BIDUPUR District- Vaishali
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Pappu Kumar Rai @ Pappu Ray @ Pappu Kumar S/O Kanhai Ray @ Kangali
Ray R/O Vill.- Daudnagar, P.S.- Bidupur, Dist.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shabina Talat, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Bidupur PS Case No. 692 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act
and Sections 274 & 275 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that 1500 liters
country made liquor was recovered from Tata vehicle.
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 submitted
Patna High Court CR. MISC. No.13870 of 2026(2) dt.25-02-2026
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that name of the petitioner has surfaced in this case on the
disclosure made by apprehended co-accused person, who stated
that petitioner is the associate in the offence. Petitioner is neither
the driver nor the owner of the vehicle in question. The
petitioner is in custody since 22.01.2026 and has got three
criminal antecedent/s. There is no compliance of Section 103 of
the BNSS, 2023. Other co-accused has been granted bail by this
Court vide order dated 27-01-2026, passed in Cr. Misc. No.
4367 of 2026.
5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bidupur PS Case
No. 692 of 2025, 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. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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