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Patna High Court

Pappu Kumar Paswan @ Pappu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the anticipatory bail application, granting bail with specified conditions.

Summary

Pappu Kumar Paswan was implicated in a case of smuggling 25 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He applied for anticipatory bail, offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail, but the Patna High Court, after considering the facts, granted anticipatory bail subject to a Rs. 10,000 bail bond with two sureties and several conditions, including the charitable donation, regular attendance at the police station, and verification of his clean antecedents. The court emphasized that its observations were prima facie and would not affect the trial. The bail order was issued under the inherent powers of the High Court.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner accused under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022
  • Whether the conditions imposed by the court for granting anticipatory bail are lawful and appropriate

Legislation cited

Subjects

  • anticipatory bail
  • smuggling
  • illicit liquor
  • Bihar Prohibition and Excise Amendment Act
  • Section 30(a)
  • Section 482
  • bail conditions
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37267 of 2026
                          Arising Out of PS. Case No.-25 Year-2026 Thana- Sinha District- Bhojpur
                 ======================================================
                 Pappu Kumar Paswan @ Pappu Kumar S/O Bigan Paswan Resident of
                 Village- Mahudahi, P.S.- Sinha, Dist.- Bhojpur.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Swarnima, Adv.
                 For the Opposite Party/s :         Mr. Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-06-2026                      Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                    2. The petitioner apprehends arrest in connection

                   with Sinha P.S. Case No. 25 of 2026 registered for offences

                   under Section 30(a) of the Bihar Prohibition and Excise

                   Amendment Act, 2022

                                    3. As per the prosecution case, the petitioner is

                   accused of smuggling 25 litres of illicit liquor. The name of the

                   petitioner has surfaced on the basis of local chaukidar. The

                   petitioner claims clean antecedent.

                                    4. Learned counsel for the petitioner submits that

                   the petitioner undertakes to donate a sum of Rs. 25,000/-

                   (Rupees       Twenty-Five         Thousand         Only)      to    a    charitable

                   organization, without prejudice to his defence and without

                   admitting guilt.
Patna High Court CR. MISC. No.37267 of 2026(2) dt.15-06-2026
                                             2/3




                          5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail.

                          6. Considering the facts and circumstances of the

          case, 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 Only) with

          two sureties of the like amount each to the satisfaction of

          learned Court below where the case is pending/successor Court

          in connection with Sinha P.S. Case No. 25 of 2026, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S., also with further conditions that:-

                                               (i) The petitioner shall deposit a
                                  sum of Rs. 25,000/- (Rupees Twenty-Five
                                  Thousand Only) with Ramakrishna Math,
                                  Village Jharha (near Matua Pahar), Halka
                                  Chilore, P.O. Gurua, Dist. Gayaji, Bihar
                                  824205 and shall produce a valid receipt
                                  thereof before the court below. The bail
                                  bonds       shall    be      accepted   only   after
                                  verification of the genuineness of the said
                                  receipt.
                                               (ii) The petitioner shall mark his

                                  attendance at Sinha Police Station on first
            Patna High Court CR. MISC. No.37267 of 2026(2) dt.15-06-2026
                                                        3/3




                                              and third Sunday of each month. In the event

                                              of default, the bail bonds shall be liable to

                                              be cancelled.

                                                             (iii) At the time of acceptance of
                                              bail bonds, the court below shall verify the
                                              antecedents of the petitioner. The bail bonds
                                              shall be accepted only upon confirmation
                                              that     the     petitioner   has   no   criminal
                                              antecedent. However, such verification shall
                                              not be used as a ground to unnecessarily
                                              delay acceptance of the bail bonds.
                                      8. It is made clear that any observation made herein

                      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)
sadique/-

U      T


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