Patna High Court
Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.