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Patna High Court

Pappu TiwariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to the stipulated monetary deposit and attendance conditions.

Summary

The petitioner, Pappu Tiwari, was arrested in September 2025 for possession of 27.4 litres of illicit liquor, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. He filed an application for regular bail, undertaking to donate Rs 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the custody period and the submissions, allowed the bail application, directing release on a bail bond of Rs 10,000 with two sureties, subject to the petitioner depositing Rs 25,000 with the Ramakrishna Mission and attending the Thakraha Police Station every Sunday. The order also clarified that its observations were prima facie and not to affect the trial. The bail was thus granted with specific conditions.

Issues considered

  • Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act for possession of illicit liquor
  • What conditions, if any, may be imposed on bail in such a case

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • criminal procedure
  • conditions of bail
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21965 of 2026
                 Arising Out of PS. Case No.-104 Year-2025 Thana- THAKRAHA District- West Champaran
                 ======================================================
                 Pappu Tiwari S/O Late Chhathu Tiwari R/O Village - Thakraha,P.S-
                 Thakraha, Dist- West Champaran

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Milind Kumar Mishra
                 For the Opposite Party/s :      Mr. Suresh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   15-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The present application has been filed seeking

                   regular bail in connection with Thakraha P.S. Case No. 104 of

                   2025, registered for offences punishable under Section 30(a) of

                   the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, 27.4 liters of illicit

                   liquor have been recovered from the possession of the petitioner.

                   The petitioner is in custody since 15.09.2025.

                                4. Learned counsel for the petitioner submits that the

                   petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees

                   Twenty-Five Thousand only) to a charitable organization,

                   without prejudice to his defence and without admitting guilt.

                                5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.21965 of 2026(3) dt.15-04-2026
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          for bail.

                       6. Having considered the facts and circumstances of

          the case, the period of custody, and the submissions advanced

          on behalf of the parties, the application for bail is allowed.

                       7. Accordingly, the petitioner is directed to be released

          on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten

          Thousand only) with two sureties of the like amount each to the

          satisfaction of the learned Court concerned where the case is

          pending/successor court in connection with Thakraha P.S. Case

          No. 104 of 2025, subject to the following conditions:

                                       (I). The petitioner shall deposit a sum of
                          Rs. 25,000/- (Rupees Twenty-Five Thousand only)
                          with Ramakrishna Mission Sevashrama, Swami
                          Vivekananda Path, Bela, Muzaffarpur, Bihar and
                          shall produce a valid receipt thereof before the
                          court below. The bail bonds shall be accepted only
                          after verification of the genuineness of the said
                          receipt.

                                       (ii). The petitioner shall mark his
                          attendance at Thakraha Police Station on every
                          Sunday of each month. In the event of default, the
                          bail bonds shall be liable to be cancelled.

                       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
            Patna High Court CR. MISC. No.21965 of 2026(3) dt.15-04-2026
                                                        3/3




                      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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