Patna High Court
Pappu Kumar Paswan @ Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
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
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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/-
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