Patna High Court
Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to a cash bond, sureties and conditions prescribed under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Pappu Kumar, was arrested in connection with an alleged illicit liquor manufacturing operation under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act. The police recovered 330 litres of country-made liquor and 4,650 litres of fermented raw material from the premises. The petitioner claimed innocence, stating he is a daily‑wage labourer with no criminal antecedent and was merely passing by when seized. The State opposed bail, emphasizing the recovery of large quantities of contraband from the spot of arrest. Considering the petitioner’s clean record, the circumstances of his arrest, and the length of custody, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and additional safeguards. The bail order required the petitioner’s presence on court dates and stipulated cancellation of bail upon repeated non‑appearance.
Issues considered
- What is the appropriateness of granting bail to the accused under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act?
- Whether the petitioner’s clean antecedent and the circumstances of his arrest justify bail despite the seizure of large quantities of illicit liquor.
Legislation cited
- B.N.S.S. — s. 480(3)
Subjects
- bail
- illicit liquor
- excise law
- Bihar Prohibition and Excise Act
- criminal procedure
- surety
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25561 of 2026
Arising Out of PS. Case No.-60 Year-2026 Thana- EXCISE MAHARAJGANJ District-
Siwan
======================================================
Pappu Kumar S/O Chhotelal Ram R/O- Vill- Goriakothi , P.S,- Goriakothi,
District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms..Shyamli Kumari, Advocate
For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Maharajganj Excise P.S. Case No. 60 of 2026
registered for the alleged offences under Sections 30(a), 30(c)
of Bihar Prohibition and Excise Act.
03. As per prosecution case, secret information was
received by the police that the petitioner and other co-accused
persons were running a manufacturing unit of illicit liquor in the
backwaters of Sheikhpura Tola. A raid was conducted, this
petitioner was apprehended and other co-accused persons fled
away from the spot. On search of the place, recovery of 330
litres of country made chulai liquor was made. Further, recovery
Patna High Court CR. MISC. No.25561 of 2026(2) dt.17-04-2026
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of 4650 litres of fermented raw material for manufacture of the
liquor was also made.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Recovery has been made from a public place and
petitioner has no concern with the said place. The petitioner is a
daily wage labourer and had been returning from his job when
he was apprehended by the police on suspicion. The petitioner
has no criminal antecedent and he is in custody since
23.02.2026.
05. Learned APP opposes the submission made on
behalf of the petitioner. Learned APP submits that the petitioner
was apprehended from the spot and recovery of 330 litres of
country made liquor as well as 4650 litres of fermented raw
material was made from the place.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
clean antecedent of the petitioner and period of custody, the
petitioner above named is directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Excise Court-2, Siwan/concerned Court in
Patna High Court CR. MISC. No.25561 of 2026(2) dt.17-04-2026
3/3
connection with Maharajganj Excise P.S. Case No. 60 of 2026,
subject to the conditions mentioned in Section 480(3) of
B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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