Patna High Court
PAPPU KUMARversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Bail was granted to the petitioner with conditions of cooperation, regular court appearance, and a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Pappu Kumar, applied for bail in an excise case (Case No. 593 of 2026) alleging possession of 156.210 litres of illicit foreign liquor, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. The prosecution argued that the liquor was recovered from the petitioner’s house and highlighted his prior criminal antecedents in five similar cases. The petitioner contended that the seizure was unlawful, claiming non‑compliance with Section 105 of the BNSS, lack of signatures from house occupants, and that no liquor was actually found in his possession. The State opposed bail, citing the seriousness of the offence and the petitioner’s history. After hearing both sides, the court granted bail on the condition that the petitioner cooperate with the trial, appear in court regularly, and refrain from similar offences, requiring a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner in an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act
- Whether the seizure of the alleged illicit liquor complied with Section 105 of the BNSS
- Impact of the petitioner’s prior criminal antecedents on the bail decision
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- excise
- illicit liquor
- Section 30(a)
- criminal antecedent
- seizure procedure
- Section 105
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42872 of 2026
Arising Out of PS. Case No.-593 Year-2026 Thana- Excise P.S. District- Nawada
======================================================
Pappu Kumar S/O Dinesh Ram Resident of Village- Linepar Mirjapur, Police
Station- Nagar, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Excise P.S. Case No.593 of 2026 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise (Amendment) Act.
3. The case of the prosecution, in short, is that
altogether 156.210 litres of illicit foreign liquor was recovered
from the house of this petitioner.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of the petitioner. It has been submitted that the
witnesses of the seizure list are police personnel and police have
not complied Section 105 of the BNSS while making seizure. It
has been submitted that the recovery has been made from a joint
house and police had not taken signature of any of the inmates
of the house. It has been submitted that the petitioner is in
Patna High Court CR. MISC. No.42872 of 2026(2) dt.30-06-2026
2/2
judicial custody since 10.06.2026.
5. The application for bail is opposed by learned APP
for the State. It has been submitted that the petitioner is having
criminal antecedent of five cases of similar nature.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail with the condition that
the petitioner shall co-operate in the trial; shall remain
physically present on each and every date in the learned trial
court and shall not indulge in similar nature of offences in
future.
7. The above named petitioner is directed to be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten
thousand only) with two sureties of the like amount each to the
satisfaction of the court of learned Exclusive Special Court,
Excise-II, Nawada in connection with Excise P.S. Case No.593
of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.