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Patna High Court

Pappu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, since the illicit liquor was not recovered from the petitioner's conscious possession and the seizure lacked independent verification, anticipatory bail was warranted.

Summary

The petitioner, Pappu Kumar, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, with 84 litres of liquor recovered. He contended that he was implicated only because his scooty, which he had lent to a neighbour, was used to transport the liquor and that he had no conscious possession of the contraband. He also argued that the seizure was conducted without any independent witness, relying solely on police officers, and highlighted his pending criminal case on bail. The Additional Public Prosecutor opposed his request for anticipatory bail. The court, noting the lack of direct possession and the procedural deficiencies in the seizure, granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in the context of alleged offences under the Bihar Prohibition and Excise Act, 2022.
  • Whether the absence of an independent witness to the seizure undermines the evidentiary basis for the charge.
  • Whether the petitioner's prior criminal antecedent precludes the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • possession
  • seizure
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.40977 of 2026
                       Arising Out of PS. Case No.-57 Year-2026 Thana- TARARI District- Bhojpur
                 ======================================================
                 Pappu Kumar S/o Shyamjeet Singh @ Shyamjit Singh Resident o f Village -
                 Kurmurhi Baghra Tola, P.S.- Sikrahata, District - Bhojpur at Ara.

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Shashank Shekhar, Advocate
                 For the Opposite Party :        Ms. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   25-06-2026                 Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Tarari P.S. Case

                   No.57 of 2026 registered under Section 30(a) of Bihar

                   Prohibition and Excise Act, 2022.

                               3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 84 litres of IMFL/country-made liquor.

                               4. It is submitted by learned counsel appearing for

                   the petitioner that the name of petitioner arrayed solely for

                   the reason that petitioner is the registered owner of the
Patna High Court CR. MISC. No.40977 of 2026(2) dt.25-06-2026
                                            2/3




          scooty bearing Registration No. BR03AS 4927, which was

          involved in carrying illicit liquor. It is also submitted that the

          petitioner has given his scooty to one of his neighbour,

          namely, Roushan Kumar, for personal use.              It is also

          submitted that recovery of illicit liquor was not made from

          conscious possession of this petitioner. It is further argued

          that no independent witness was associated with the search

          and seizure list and the seizure witnesses were police

          personnel themselves. Explaining criminal antecedent, it is

          submitted that the petitioner found involved in one criminal

          case, where he is on bail.

                       5. Learned APP opposed the prayer of anticipatory

          bail to the petitioner.

                       6. In view of aforesaid factual submissions and by

          taking note of the fact as recovery of illicit liquor prima facie

          not appears to be made from physical possession of this

          petitioner, accordingly, the petitioner, above-named, in the

          event of his arrest or surrender in the court below within a

          period of four weeks from today, is directed to be released

          on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
               Patna High Court CR. MISC. No.40977 of 2026(2) dt.25-06-2026
                                                           3/3




                         Thousand) with two sureties of the like amount each to the

                         satisfaction of learned Exclusive Special Excise Court No. 2 nd

                         , Bhojpur at Ara, in connection with Tarari P.S. Case No.57

                         of 2026, subject to the conditions as laid down under

                         Section 438(2) of the CrPC/under Section 482(2) of the

                         BNSS.



                                               (Chandra Shekhar Jha, J)
aniket/-

U          T


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