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Patna High Court

Pappu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail may be granted in the alleged illicit liquor case, subject to monetary sureties, a charitable donation, verification of a clean antecedent, and regular police‑station attendance.

Summary

The petitioner, Pappu Kumar, was arrested in connection with the recovery of 19.620 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He applied for bail, claiming innocence, a clean antecedent, and offering to donate Rs.20,000 to a charitable organization. The State opposed the bail. The court, after considering the facts and submissions, ordered the release of the petitioner on bail upon furnishing a Rs.10,000 bond with two sureties, depositing Rs.20,000 with Ramakrishna Mission Ashram, and complying with attendance conditions at the police station. The court also directed verification of the petitioner’s antecedent before accepting the bail bonds. The bail order was conditioned on compliance, with default leading to cancellation.

Issues considered

  • Whether bail should be granted in a case involving alleged possession of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022
  • Whether the petitioner’s claim of a clean antecedent and willingness to make a charitable donation affect the bail decision
  • What conditions, if any, should be imposed on the grant of bail

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition and Excise Amendment Act, 2022
  • criminal procedure
  • surety
  • antecedent verification
  • charitable donation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44589 of 2026
                   Arising Out of PS. Case No.-121 Year-2026 Thana- CHAPRA RAIL P.S. District- Saran
                 ======================================================
                 Pappu Kumar S/o Parmeshwar Singh R/O Village - Sultanpur, P.S. - Deshari,
                 Dist. - Vaishali.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjeet Kumar Singh
                 For the Opposite Party/s :       Mr.Uday Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   08-07-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. The petitioner seeks bail in connection with

                   Chapra Rail P.S. Case No. 121 of 2026 registered for the offence

                   under Sections 30(a) of the Bihar Prohibition and Excise

                   Amendment Act, 2022.

                                 3. The recovery is of 19.620 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 9.6.2026.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 20,000/- in some charitable

                   organization without accepting his guilt. The petitioner claims to

                   have clean antecedent.

                                 6. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.44589 of 2026(2) dt.08-07-2026
                                            2/3




          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 Chapra Rail P.S. Case No. 121

          of 2026.

                        8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 20,000/- 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

          Desari Police Station on first and third Sunday of each month.

          Any default in appearance at the police station will result in

          cancellation of bail bonds of the petitioner.

                       10. As the petitioner claims to have clean antecedent,

          the Court below, before accepting the bail bonds of the

          petitioner is directed to verify the antecedent of the petitioner. If
          Patna High Court CR. MISC. No.44589 of 2026(2) dt.08-07-2026
                                                      3/3




                    the petitioner is found to be involved in any other case then the

                    bail bonds of the petitioner shall not be accepted.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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