Patna High Court
Pappu Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was allowed subject to specified conditions.
Summary
The petitioners, Pappu Kumar Rai and Anil Rai, were arrested in connection with the recovery of 35 litres of illicit liquor and charged under Sections 317(2) and 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a), 30(c), 34 and 36 of the Bihar Prohibition & Excise Act. They had been in custody since 13 February 2026 and claimed innocence, offering to donate Rs.25,000 each to a charitable organization. The State opposed their bail application. The High Court, after hearing counsel, allowed regular bail subject to a cash bond of Rs.10,000 each, two sureties, a mandatory donation of Rs.25,000 to Ramakrishna Mission, monthly attendance at the police station, and the requirement that bailors be close blood relatives. The Court also directed verification of petitioner No.1’s clean antecedent before accepting his bail bond. The order was made on a prima facie basis and does not prejudice the trial.
Issues considered
- Whether regular bail can be granted to the accused in offences under the Bharatiya Nyaya Sanhita and Bihar Prohibition & Excise Act despite the nature of the offence and the antecedents of the accused.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(2), 317(5)
Subjects
- bail
- illicit liquor
- prohibition law
- criminal antecedent
- regular bail
- conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19856 of 2026
Arising Out of PS. Case No.-128 Year-2026 Thana- DARIYAPUR District- Saran
======================================================
1. Pappu Kumar Rai S/O Thakur Rai R/O Village- Magarpal Nuran, P.S-
Dariyapur, Distt.- Saran.
2. Anil Rai S/O Yogendra Rai R/O Village- Tarwa Magarpal, P.S- Dariyapur,
Dist.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Chandra Gandhi
For the Opposite Party/s : Mr.Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 31-03-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek regular bail in connection with
Dariyapur P.S. Case No. 128 of 2026 registered for the offence
under Sections 317(2) and 317(5) of the Bharatiya Nyaya
Sanhita, 2023 and Sections 30(a), 30(c), 34 and 36 of the Bihar
Prohibition & Excise Act.
3. There is recovery of 35 liters of illicit liquor from
the petitioners. The petitioner no. 1 claims clean antecedent
whereas the petitioner no. 2 has three criminal antecedents.
4. Learned counsel for the petitioners submits that
the petitioners are in custody since 13.02.2026, are quite
Patna High Court CR. MISC. No.19856 of 2026(2) dt.31-03-2026
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innocent and have falsely been implicated in the present case.
He further submits that the petitioners are ready to donate Rs.
25,000/- (Rs. Twenty Five Thousand) each in some charitable
organization without accepting their guilt.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
7. Let the petitioners, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned concerned Court below, Saran at Chapra in
connection with Dariyapur P.S. Case No. 128 of 2026 subject to
condition that:-
(I). The petitioners shall deposit an
amount of Rs. 25,000/- (Rupees Twenty Five
Thousand Only) each in Ramakrishna
Mission Ashrama, Latu Maharaj Path, Opp.
Circuit House, Chapra, Bihar and produce
the receipt of the same before the Court
below. The bail bonds of the petitioners shall
be accepted only after verifying the
genuineness of the receipt produced by the
petitioners.
(ii). The petitioners are directed to
mark their attendance at Dariyapur Police
Station, Saran on every Sunday of each
month. Failure to do so, will result in
Patna High Court CR. MISC. No.19856 of 2026(2) dt.31-03-2026
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cancellation of bail bonds of the petitioners.
(iii). Both the bailors will be close
blood relative of the petitioners.
(iv). At the time of accepting the
bail bonds of the petitioner no. 1, the Court
below shall verify the fact whether the
petitioner no. 1 has clean antecedent or not.
If it is found that the petitioner no. 1 has
clean antecedent then only his bail bonds
shall be accepted by the Court below.
However, it is made clear that 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.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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