Patna High Court
Pappu SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to strict conditions, despite the prior antecedents and procedural issues.
Summary
Pappu Sah was arrested on 13 March 2026 in connection with a 2019 excise case alleging possession of 1,055.115 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The petitioner claimed he was falsely implicated, arguing that the liquor was recovered from the backside of his house and that there was no conscious possession, also pointing to non‑compliance with Sections 103 and 105 of the BNSS, 2023. The prosecution opposed bail, citing three prior similar criminal antecedents, though the petitioner was already on bail in those matters. The court, after considering the facts, 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 antecedents. The order directed the Special Judge Excise‑II, Samastipur to implement the bail without delay for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner despite prior criminal antecedents and the seriousness of the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the alleged procedural lapses under Sections 103 and 105 of the BNSS, 2023 affect the grant of bail.
- Whether the seizure of liquor from the backside of the house establishes conscious possession by the petitioner.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise
- illicit liquor
- Section 30(a)
- prior criminal antecedents
- procedural compliance
- possession
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22821 of 2026
Arising Out of PS. Case No.-316 Year-2019 Thana- GOVERNMENT OFFICIAL COMP.
District- Samastipur
======================================================
Pappu Sah S/o Late Jagdish Sah @ Jagdish Sah Resident of ward no. 12,
Bakhari Bururg, Bakhri Buzurg, P.s.- Rupauli, P.S.- Musrigharari, District-
Samastipur, Bihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Keshav Bhardwaj, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-04-2026 Heard Mr. Keshav Bhardwaj, learned counsel for the
petitioner and Mr. Akbar Ali, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
13.03.2026 in connection with Samastipur Sadar Excise P.S.
Case No. 316 of 2019, F.I.R. dated 22.07.2019 for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act, 2022.
3. Recovery is of 1055.115 liters of illicit liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.22821 of 2026(2) dt.08-04-2026
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conscious possession of the petitioner rather the recovery has
been made from the backside of the house of the petitioner and
the petitioner was apprehended from the place of occurrence and
his name has been transpired on the basis of the disclosure made
by the local people. It appears from the seizure list that there is
non-compliance of Section 103/105 of the BNSS, 2023. The
petitioner is in custody since 13.03.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries three criminal antecedents of
similar nature other than the present one but fairly submits that
he is on bail in all the pending matters.
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 Special
Judge Excise-II, Samastipur in connection with Samastipur
Sadar Excise P.S. Case No. 316 of 2019 subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
Patna High Court CR. MISC. No.22821 of 2026(2) dt.08-04-2026
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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
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