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Patna High Court

PAPPU KUMARversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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