Patna High Court
Pappu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Pappu Rai was arrested in connection with a case alleging possession of 250 litres of liquor, charged under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 272, 273 and 34 of the IPC. The petitioner contended that he was falsely implicated, had no incriminating material in his possession, and possessed a clean criminal record, having been in custody since 24‑10‑2025. The State opposed bail, relying on the recovery of liquor from an open area. The Court noted the petitioner’s clean antecedents, the lack of material directly linking him to the liquor, and the non‑compliance with Section 103 of the BNSS, 2023, and consequently decided to grant bail. The bail was set at a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner despite the recovery of liquor and charges under the Bihar Prohibition and Excise Act and IPC.
- Whether the absence of incriminating material in the petitioner’s possession and his clean antecedents justify bail.
- Whether non‑compliance with Section 103 of the BNSS, 2023, affects the bail decision.
Legislation cited
- BNSS, 2023 — s. 103
- Indian Penal Code — s. 272, 273, 34
Subjects
- bail
- Bihar Prohibition and Excise Act
- Indian Penal Code
- liquor seizure
- clean antecedent
- Section 103 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3392 of 2026
Arising Out of PS. Case No.-188 Year-2021 Thana- RAGHOPUR District- Vaishali
======================================================
Pappu Rai S/O Wakil Rai R/O Village- Sukumarpur, P.S- Raghopur,
(Rustampur O.P) Dist.- Vaishali,At present Adra Ghat,Patna city, P.S-
Malsalami, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar, Advocate
For the Opposite Party/s : Mr. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Raghopur PS Case No. 188 of 2021 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act
and Sections 272, 273 & 34 of the Indian Penal Code (for short
‘IPC’).
3. The prosecution case, in short, is that 250 liters
liquor was recovered from plastic gallon.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.3392 of 2026(2) dt.19-01-2026
2/2
no concern with the alleged recovery of liquor. It is submitted
that recovery is from an open place, which is accessible to one
and all. The petitioner is in custody since 24.10.2025 and has
got no criminal antecedent/s. There is no compliance of Section
103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent of the petitioner and the period of
custody undergone by the petitioner, this Court is inclined to
grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Raghopur PS Case
No. 188 of 2021.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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