Patna High Court
Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail should be granted to the petitioner subject to specified conditions.
Summary
The petitioner, Pappu Kumar, was arrested in connection with the recovery of 12 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act and has been in custody since 13 January 2026. He applied for regular bail, offering to donate Rs 25,000 to a charitable organization without admitting guilt, while the State opposed the relief. The Court considered the facts, the nature of the offence, and the petitioner’s willingness to comply with conditions. It allowed the bail application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties and to deposit the promised charitable amount, producing a receipt, and to attend the Saharsa Police Station every Sunday. Failure to comply with these conditions would result in cancellation of bail.
Issues considered
- Whether regular bail can be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether imposing a condition of a charitable donation is a permissible condition for bail.
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition and Excise Act
- regular bail
- charitable donation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17576 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- Excise P.S. District- Saharsa
======================================================
Pappu Kumar S/O Dukhi Choudhary R/O Vill.- Rupnagra Ward No.- 40/
45,P.S and Dist.- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subesh Sharma
For the Opposite Party/s : Mr. Md. Shakir Ahmad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection Excise P.S.
Case No. 27 of 2026 registered for the offence punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. There is recovery of 12 liters of illicit liquor. The
petitioner is in jail since 13.01.2026
4. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- (Rupees Twenty Five
Thousand Only) in some charitable organization without
accepting his guilt.
5. Learned APP for the State has vehemently opposed
the prayer of the petitioner.
6. Considering the facts and circumstances of the case
Patna High Court CR. MISC. No.17576 of 2026(2) dt.24-03-2026
2/2
and the submission of learned counsel for the petitioner, this
application for regular bail is allowed.
7. Accordingly, let the petitioner above named 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 the learned Court below where the case is
pending/successor Court in connection with Excise P.S. Case
No. 27 of 2026 subject to the condition that:-
(I). The petitioner shall deposit an
amount of Rs. 25,000/- (Rupees Twenty Five
Thousand Only) in Ramakrishna Math,
Bhatta Bazar, Purnea, Bihar and produce
the receipt of the same before the Court
below. The bail bonds of the petitioner shall
be accepted after verifying the genuineness
of the receipt produced by the petitioner.
(ii). The petitioner is directed to
mark his attendance in Saharsa Police
Station on every Sunday of each month.
Failure to do so, will result in cancellation
of bail bond of the petitioner.
(Sandeep Kumar, J)
Shishir/-
U T
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