Patna High Court
Pappu TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Pappu Tiwari was arrested on 12 January 2026 in connection with an excise case involving the seizure of 151 litres of country-made liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner contended that the liquor was recovered from an open bush and not from his possession, and that his name was supplied only by local villagers, asserting that the FIR was fabricated. The prosecution opposed bail, noting a similar pending case against the petitioner, though he was already on bail in that matter. The High Court, after considering the lack of direct material linking the petitioner to the seized liquor and the circumstances of his custody, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order emphasized that any violation of these conditions could lead to cancellation of the bond.
Issues considered
- Whether bail should be granted to the petitioner in an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 given the facts of the case.
- Whether there is sufficient material linking the petitioner to the seized liquor to justify continued detention.
- Whether the petitioner poses a risk of tampering with evidence or witnesses.
Subjects
- bail
- excise
- illegal liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal procedure
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18343 of 2026
Arising Out of PS. Case No.-858 Year-2025 Thana- Excise P.S. District- Gopalganj
======================================================
Pappu Tiwari S/o Uma Tiwari R/o Badi Khajuriya, P.S.- Bhore, District-
Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Singh, Advocate
For the Opposite Party/s : Mr.Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr. Sunil Kumar Singh, learned counsel for
the petitioner and Mr. Mukesh Kumar Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
12.01.2026 in connection with Gopalganj Excise P.S. Case No.
858 of 2025, F.I.R. dated 24.12.2025 for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise (Amendment) Act, 2022.
3. Recovery is of 151 liters of country made liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation as alleged in the F.I.R is false and
fabricated and the petitioner has not committed any offence as
alleged in the F.I.R. He further submits that it appears from the
Patna High Court CR. MISC. No.18343 of 2026(2) dt.24-03-2026
2/3
F.I.R. as well as seizure list that nothing has been recovered
from the conscious possession of the petitioner rather altogether
151 litres of country made liquor has been recovered from the
bush and the same is an open place. He further submits that
name of the petitioner has been transpired on the basis of the
disclosure made by the local villagers and except the aforesaid,
no other material has come during investigation which suggest
the involvement of the petitioner in the present occurrence. The
petitioner is in custody since 12.01.2026.
5 Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries one more case of similar
nature other than the present one but fairly submits that he is on
bail in the pending matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned District &
Additional Sessions Judge-IV-cum-Exclusive Special Excise
Court-II, Gopalganj in connection with Gopalganj Excise P.S.
Case No. 858 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.18343 of 2026(2) dt.24-03-2026
3/3
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
Checking your session…