Created by Fuzzy Cloud

Patna High Court

Pachu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.