Patna High Court
Pachu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners subject to conditions.
Summary
The petitioners, Pachu Kumar, Monu Kumar and Ritik Kumar, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Act, 2016 after police recovered 92.280 litres of foreign liquor from an auto they were travelling in. They contended that they were merely passengers, that the driver‑cum‑owner Md. Raji was the actual offender, and that no incriminating material was found on them. The State opposed the bail application. The court, noting the petitioners' clean antecedents, lack of direct evidence, and the length of their pre‑trial custody, granted bail on a bond of Rs.10,000 with two sureties each, subject to conditions under Section 480(3) of the BNSS. The bail order also required a close relative as a bailor and compliance with court dates, with cancellation provisions for non‑appearance.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act, 2016 given the facts of the case.
- Whether the petitioners' clean antecedent and lack of direct incriminating evidence justify bail.
Legislation cited
- Bihar Prohibition & Excise Act, 2016 — s. 30(a)
- BNSS — s. 480(3)
Subjects
- bail
- Bihar Prohibition & Excise Act
- foreign liquor
- criminal procedure
- clean antecedent
- Section 30(a)
- Section 480(3)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30322 of 2026
Arising Out of PS. Case No.-48 Year-2026 Thana- BALRAMPUR District- Katihar
======================================================
1. Pachu Kumar S/o Late Bachchu Uraon Resident of Mohalla- Mewalal
Chowk, Ward No. 24, P.S. - Maranga, District- Purnea.
2. Monu Kumar S/o Late Ganpat Das R/o Mohalla - Rajni Chowk Bhatha
Bajar, Ward No. 25, P.S - Sahayak Khajanchi, District – Purnea.
3. Ritik Kumar S/o Ashok Chaudhary R/o Mohalla - Shivshakti Nagar, Ward
No. 24, P.S - Maranga, District – Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
02. In the present case, the petitioners seek bail in
connection with Balrampur P.S. Case No. 48 of 2026 registered
for the alleged offences under Sections 30(a) of the Bihar
Prohibition & Excise Act, 2016.
03. As per prosecution case, during checking of
vehicles, the petitioners and co-accused Md. Raji were
apprehended travelling in an Auto from which recovery of
92.280 liters of foreign liquor was made.
04. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.30322 of 2026(2) dt.11-05-2026
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the petitioners are innocent and have been falsely implicated in
this case. Nothing incriminating has been recovered from their
person or possession. From the FIR, it is clear that one of the
co-accused persons, namely Md. Raji fled away from the
clutches of the police when the Auto was intercepted and
petitioners were arrested but true fact of the case is that co-
accused Md. Raji was the driver-cum-owner of the Auto in
which he was carrying illicit liquor and the petitioners were
passengers who were going to Barsoi Railway Station and they
have no concern with the Auto or the liquor in question. The
witnesses are all officials and no independent witnesses have
been examined. The petitioners are having clean antecedent and
they are in custody since 26.03.2026.
05. Learned APP for the State opposes the submission
made on behalf of the petitioners.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
clean antecedent of the petitioners and their period of custody,
the petitioners above named are directed to be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned Exclusive Special Excise Court-I, Katihar/court
Patna High Court CR. MISC. No.30322 of 2026(2) dt.11-05-2026
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concerned in connection with Balrampur P.S. Case No. 48 of
2026, subject to the conditions mentioned in Section 480(3) of
BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners 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 petitioners will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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