Patna High Court
Pappu Kumar @ Pappu PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Pappu Kumar, was implicated in a case (Deoria P.S. Case No. 81 of 2026) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 68 litres of illicit liquor were recovered from a thatched room behind his house. He applied for anticipatory bail, asserting his innocence and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail, but the court considered the facts, the petitioner's submission, and the need to prevent undue hardship. Relying on its inherent powers under Section 482(2) of the BNSS, the court granted anticipatory bail subject to a cash deposit, bail bonds, and attendance conditions. The order emphasized that its observations were prima facie and not a determination on the merits of the underlying offence.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner is entitled to bail despite the recovery of illicit liquor.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate.
Legislation cited
- Bihar Negotiable Sale and Settlement (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37179 of 2026
Arising Out of PS. Case No.-81 Year-2026 Thana- DEWARIA District- Muzaffarpur
======================================================
Pappu Kumar @ Pappu Paswan S/o Late Nandlal Paswan R/o Village -
Deoria Purani Bazar, P.S. - Deoria, Dist. - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar
For the Opposite Party/s : Mr. Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Deoria P.S. Case No. 81 of 2026 registered for offences under
Sections 30(a) of the Bihar Prohibition and Excise Act.
3. The recovery of approximately 68 litres of illicit
liquor was made from a thatched room located behind the house
of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any crime. He
further submits that the petitioner is ready to donate Rs. 25,000/-
(Rupees Twenty Five Thousand Only) in some charitable
organization without accepting his guilt.
5. Learned APP for the State has vehemently opposed
Patna High Court CR. MISC. No.37179 of 2026(2) dt.15-06-2026
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the prayer of the petitioner.
6. Considering the facts and circumstances of the case
and the submission of learned counsel for the petitioner, this
application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned concerned
Court below in connection with Deoria P.S. Case No. 81 of 2026
subject to the conditions as laid down under Section 482(2) of
the BNSS and with further condition(s) that:-
(I). The petitioner shall deposit an
amount of Rs. 25,000/- (Rupees Twenty Five
Thousand Only) in Ramakrishna Mission
Sevashrama, Swami Vivekananda Path,
Bela, Muzaffarpur, Bihar 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.
(ii). The petitioner is directed to
mark his attendance in Deoria Police
Station on every 1st and 3rd Sunday of each
month. Failure to do so, will result in
cancellation of bail bond of the petitioner.
8. It is made clear that any observation made herein
Patna High Court CR. MISC. No.37179 of 2026(2) dt.15-06-2026
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is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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