Patna High Court
Pappu Kumar @ Pappu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to a cash bond, two sureties, a charitable donation, and regular police station attendance.
Summary
The petitioner, Pappu Kumar, was arrested in connection with the recovery of 234 litres of illicit liquor and charged under Section 317(5) of the Bihar Prohibition and Excise Act, 2022. He had been in custody since 18 April 2026 and applied for bail, claiming innocence and offering to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed the bail application. The Court, after considering the facts and submissions, ordered the release of the petitioner on bail upon furnishing a cash bond of Rs.10,000 with two sureties of equal amount. The bail was conditioned on the petitioner depositing Rs.25,000 with the Ramakrishna Mission Ashram, producing the receipt, and appearing at the Sheohar Police Station every Sunday, with default leading to cancellation of bail.
Issues considered
- Whether bail should be granted to a person accused under Section 317(5) of the Bihar Prohibition and Excise Act, 2022
- Whether the petitioner’s offer to donate money without admission of guilt influences the bail decision
- What conditions may be imposed on bail in such offences
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 317(5)
Subjects
- bail
- prohibition law
- illicit liquor
- criminal procedure
- surety
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42449 of 2026
Arising Out of PS. Case No.-100 Year-2026 Thana- PARIHAR District- Sitamarhi
======================================================
Pappu Kumar @ Pappu Rai Son of Late Raja Rai @ Raja Ram Resident of
Village - Bishunpur Mansingh Ward No. 3, P.S.- Sheohar (Piprahi), District -
Sheohar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar
For the Opposite Party/s : Mr.Madan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Parihar P.S. Case No. 100 of 2026 registered for the offence
under Sections 317(5) of the Bihar Prohibition and Excise Act,
2022.
3. The recovery is of 234 liters of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 18.04.2026.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.42449 of 2026(2) dt.02-07-2026
2/2
prayer for bail of the petitioner.
7. Considering the facts and circumstances of the
case and submissions of learned counsel for the petitioner, let
the petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned concerned
Court below in connection with Parihar P.S. Case No. 100 of
2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashram, Bela, Muzaffarpur and produce
the receipt of the same before the Court below. The bail bonds
of the petitioner shall be accepted after verifying the
genuineness of the receipt produced by the petitioner.
9. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Sheohar (Piprahi) Police Station on every Sunday of each
month. Any default in appearance at the police station will result
in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
Vikas/-
U
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