Patna High Court
Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail may be granted as the petitioner is presumed innocent, has no criminal antecedent, and the imposed conditions sufficiently safeguard the trial process.
Summary
The petitioner, Pappu Kumar, was arrested in connection with the recovery of 85 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. He applied for bail, claiming innocence, lack of prior criminal record, and offering to donate Rs. 25,000 to charity without admitting guilt. The State opposed the bail. The High Court, after considering the facts and the petitioner's clean antecedent, granted bail on the condition of furnishing a Rs.10,000 bond with two sureties, depositing Rs.25,000 with Ramakrishna Math, and reporting to the police station on specified days. The court also directed verification of the petitioner's antecedent before final acceptance of the bail bonds. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the conditions imposed by the court are appropriate for granting bail.
Subjects
- bail
- prohibition law
- illicit liquor
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26026 of 2026
Arising Out of PS. Case No.-54 Year-2026 Thana- THALI District- Nawada
======================================================
Pappu Kumar Son of Mebi Sao @ Someni Sao Resident of Village - Supaul,
P.S.- Nemdarganj, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Man Mohan Kumar
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 20-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Thali
P.S. Case No. 54 of 2026 registered for the offence under
Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. The recovery is of 85 liters of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 17.03.2026. He
further submits that the petitioner has no criminal antecedent.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
prayer for bail of the petitioner.
Patna High Court CR. MISC. No.26026 of 2026(2) dt.20-04-2026
2/3
7. Considering the facts and circumstances of the
case and submissions of learned counsel for the petitioner, let
the petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned concerned
Court below in connection with Thali P.S. Case No. 54 of 2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Math, Village Jharha (near Matua Pahar), P.O.
Gurua, Dist. Gayaji, Bihar 824205 and produce the receipt of the
same before the Court below. The bail bonds of the petitioner
shall be accepted after verifying the genuineness of the receipt
produced by the petitioner.
9. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Nemdarganj Police Station on first and third Sunday of each
month. Any default in appearance at the police station will result
in cancellation of bail bonds of the petitioner.
10. As the petitioner claims to have clean
antecedent, the Court below, before accepting the bail bonds of
the petitioner is directed to verify the antecedent of the
petitioner. If the petitioner is found to be involved in any other
case then the bail bonds of the petitioner shall not be accepted.
Patna High Court CR. MISC. No.26026 of 2026(2) dt.20-04-2026
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11. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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