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Patna High Court

Pappu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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