Patna High Court
Md. Pappu @ PappuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to conditions.
Summary
The petitioner, Md. Pappu, was arrested in connection with an excise case alleging violation of Sections 30(a), 41 and 56(b) of the Bihar Prohibition & Excise Act, 2016 for allegedly transporting 210 litres of illicit country-made liquor in an e‑rickshaw. The prosecution claimed the e‑rickshaw was used for illicit liquor trade, while the petitioner contended he was merely a passenger and had no knowledge of the liquor. He has no prior criminal record and had been in custody since 19 March 2026. The court, after considering his clean antecedent, the nature of the allegation and the period of custody, granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions under Section 480(3) of the BNSS. The bail order also required the petitioner’s presence at court dates and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether bail should be granted to the petitioner accused under the Bihar Prohibition & Excise Act, 2016 for alleged illicit liquor transport.
Legislation cited
- Bihar Prohibition & Excise Act, 2016 — s. 30(a), 41, 56(b)
- BNSS — s. 480(3)
Subjects
- bail
- excise
- illicit liquor
- passenger
- clean antecedent
- Bihar Prohibition & Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32419 of 2026
Arising Out of PS. Case No.-1731 Year-2026 Thana- Excise P.S. District- Patna
======================================================
Md. Pappu @ Pappu S/O Md. Basir @ Md. Bashishtha R/O Dariyapur Fakir
Bara, P.S.- Pirbahare, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saroj Kumar Choudhary, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Patna Excise P.S. Case No. 1731 of 2026
registered for the alleged offences under Sections 30(a), 41,
56(b) of the Bihar Prohibition & Excise Act, 2016.
03. As per prosecution case, an information was
received about trading of illicit liquor in an e-rickshaw. The said
e-rickshaw was intercepted and three persons including this
petitioner were apprehended when recovery of 210 liters of
country made chulai liquor was made from the said e-rickshaw.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner was merely a passenger of the said e-
Patna High Court CR. MISC. No.32419 of 2026(2) dt.12-05-2026
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rickshaw and co-accused Golu Kumar was the driver. The
petitioner has not been knowing about the liquor being kept in
three boxes of e-rickshaw. Merely on suspicion the petitioner
has bee made accused in this case as he had been travelling in
the said e-rickshaw as passenger. The petitioner has got no
criminal history and is in custody since 19.03.2026. Learned
counsel further submits that the rejection order mentioning the
date of custody as 19.09.2025 is an error of record.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
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 nature of allegation and
also considering the period of custody of the petitioner, 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 Judge, Excise-3, Patna/court concerned in
connection with Patna Excise P.S. Case No. 1731 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
Patna High Court CR. MISC. No.32419 of 2026(2) dt.12-05-2026
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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)
Ashish/-
U T
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