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Patna High Court

Pappu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, directing release upon furnishing a bail bond and sureties.

Summary

The petitioner, Pappu Kumar, was charged under Section 30 of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 832 litres of spirit from the house of Ravan Manjhi. He contended that he was not arrested at the spot, that no liquor was found in his possession, and that he has no relationship with the alleged location or the owner. The petitioner also argued that the FIR was based on undisclosed secret information, rendering the charge suspect, and that he has been in custody since 14‑01‑2026. The State opposed the grant of regular bail. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, directing compliance with the trial court’s conditions.

Issues considered

  • Whether bail should be granted to the accused under Section 30 of the Bihar Prohibition and Excise (Amendment) Act, 2022 in view of lack of possession and reliance on undisclosed informant.
  • Whether the circumstances of the arrest and the nature of the alleged offence justify denial of regular bail.

Subjects

  • bail
  • prohibition act
  • excise
  • possession
  • secret informant
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19511 of 2026
                        Arising Out of PS. Case No.-282 Year-2025 Thana- TARAIYA District- Saran
                 ======================================================
                 Pappu Kumar S/O Mahesh Ray R/O Village-Jamira, P.S.-Dariyapur, District-
                 Saran
                                                                         ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjay Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Khurshid Anwar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 30 of the Bihar Prohibition

                   and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 832 litres of spirit from the dalan of

                   the house of Ravan Manjhi.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and petitioner has no concern or relation with Ravan Manjhi. It

                   is next submitted that petitioner came to be implicated at the
           Patna High Court CR. MISC. No.19511 of 2026(2) dt.18-04-2026
                                                       2/2




                     instance of the local person but then the name of the person who

                     disclosed the name of the petitioner is not disclosed in the FIR

                     which casts an aspersion on the case of the prosecution, when

                     petitioner has not been implicated based on the secret

                     information. It is also submitted that petitioner is in custody

                     since 14.01.2026 and if the privilege of regular bail is granted to

                     the petitioner, the petitioner will not abscond rather will

                     cooperate in the trial to prove his innocence.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     regular bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioner, the petitioner,

                     above-named, is directed to be released on bail on furnishing

                     bail bonds of Rs.5,000/- (Rupees Five Thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     Trial Court where the case is pending in connection with Taraiya

                     P.S. Case No. 282 of 2025.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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