Patna High Court
Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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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