Patna High Court
Pappu @ Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Bail was granted to the petitioner subject to a bond and conditions under the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Pappu @ Dharmendra Kumar, was apprehended in connection with a case alleging possession of 65 litres of country-made liquor, alleged to be recovered from a motorcycle not owned by him. The prosecution’s case rests primarily on a confessional statement of a co-accused, with no direct material linking the petitioner to the liquor. The petitioner contended innocence, arguing lack of ownership of the vehicle and absence of any other incriminating evidence, and sought bail. The State opposed bail, citing the seriousness of the offence under the Bihar Prohibition and Excise Act. The Court, considering the lack of direct evidence and the reliance on a co-accused’s confession, granted bail subject to a bond of ₹30,000 and conditions under the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioner in a case under the Bihar Prohibition and Excise Act, 2018 based primarily on a co-accused’s confessional statement.
- Whether the petitioner’s alleged connection to the recovered liquor is sufficient to deny bail under the Bharatiya Nagrik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
Subjects
- bail
- excise law
- confessional statement
- criminal procedure
- provisional liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42075 of 2026
Arising Out of PS. Case No.-112 Year-2026 Thana- Excise P.S. District- Jamui
======================================================
Pappu @ Dharmendra Kumar Son of Late Lakhan Yadav Resident of Village-
Gobindpur (Dighra), P.S.- Jhajha, District- Jamui (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-07-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Jamui P.S. Case No. 112 of 2026 registered on 17.01.2026
for the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise Act, 2018.
3. As per prosecution, total recovery of 65 liters
country made liquor, loaded on a motorcycle, is the subject
matter of the present case.
4. It is submitted by the learned counsel for the
petitioner that the petitioner is innocent and has committed no
offence. The alleged recovery has not been made from the
possession of the petitioner rather it has been made from a
motorcycle which does not belong to the petitioner. The name of
Patna High Court CR. MISC. No.42075 of 2026(2) dt.01-07-2026
2/2
the petitioner has surfaced in this case solely on the basis of
confessional statement made by co-accused Monu Kumar @
Triloki Nath and except the confessional statement there is
nothing against him. Learned counsel further submits that
though one more criminal case is pending against the petitioner
but the said case is not under the excise act.
5. Learned APP for the State opposes the prayer for
bail.
6. In the facts and circumstances, let the above named
petitioner be released on bail, in the event of arrest or surrender
before the Trial Court within a period of four weeks from today,
on furnishing bail bond of ₹30000/- (thirty thousand) as
mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 to the satisfaction of the Exclusive Special Judge,
Excise Court No. II, in connection with Jamui P.S. Case No. 112
of 2026, subject to the conditions as laid down under Section
482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J)
Manshi/Ashwini
U T
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