Patna High Court
Pappu Kumar @ Tena KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail should be granted to the accused as he was not found in possession of the seized liquor and the investigation appears mechanically driven.
Summary
The petitioner, Pappu Kumar, was arrested in connection with the seizure of 110 litres of liquor from a motorcycle and 70 litres from an orchard, and charged under Section 30(a) of the Bihar Excise Act. He has four prior excise cases and has been in custody since 6 June 2026. The petitioner argued that he was not caught in possession of the liquor, does not own the vehicle or orchard, and was implicated by a hostile chowkidar without proper investigation. The State opposed bail, citing the seriousness of the offence and the petitioner’s antecedent record. The Court, after considering the lack of direct possession and the questionable basis of the accusation, ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties, pending trial.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Excise Act given the circumstances of the case and his antecedent record.
Legislation cited
- Bihar Excise Act — s. 30(a)
Subjects
- bail
- excise law
- Section 30
- criminal procedure
- possession
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47469 of 2026
Arising Out of PS. Case No.-176 Year-2026 Thana- SUGAULI District- East Champaran
======================================================
Pappu Kumar @ Tena Kumar S/o Ramesh Sahani Resident of village-
Gorigawa, P.S.- Sugauli, District- East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar
For the Opposite Party/s : Mr. Humayou Ahmad Khan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that
petitioner ha antecedent of four cases under the Excise Act and
is in custody since 06.06.2026 and allegation is of recovery of
110 liters of liquor from a motorcycle and 70 liters of liquor
from an orchard.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of the seized vehicle nor the orchard belongs to him and
Patna High Court CR. MISC. No.47469 of 2026(2) dt.10-07-2026
2/2
he came to be implicated at the instance of Chowkidar with
whom he is on an inimical term. It is also submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
5000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Sugauli
P.S. Case No. 176 of 2026.
(Satyavrat Verma, J)
Rishabh/-
U T
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