Patna High Court
Pappu Kumar Rai @ Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court held that bail should be granted to the petitioner subject to a bond of Rs 10,000 and specified conditions.
Summary
The petitioner, Pappu Kumar Rai, was arrested in connection with the seizure of 43 litres of illicit liquor and charged under Sections 30(a), 30(c), 34 and 36 of the Bihar Prohibition and Excise Act. He contended that the liquor was recovered from an open place, he had no involvement, and he possessed a clean antecedent, having been in custody since 3 November 2025. The State opposed bail, while the petitioner offered to deposit a modest sum with the Advocate Association. The Court, after considering the facts and the petitioner’s prolonged custody, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding personal appearance, surety relations, and possible cancellation for future offences. The order emphasized that any observations made therein would not affect the trial.
Issues considered
- Whether the petitioner is entitled to bail despite the nature of the offence under the Bihar Prohibition and Excise Act.
- Whether the petitioner’s claim of innocence, clean antecedent, and prolonged pre‑trial detention justify granting bail.
- Whether the conditions imposed by the Court are appropriate for ensuring the petitioner’s cooperation with the trial.
Subjects
- bail
- illegal liquor
- Bihar Prohibition and Excise Act
- pre‑trial detention
- criminal procedure
- surety
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89349 of 2025
Arising Out of PS. Case No.-693 Year-2025 Thana- DARIYAPUR District- Saran
======================================================
Pappu Kumar Rai @ Pappu Kumar S/o Ram Pravesh Rai R/o Village- Itwa
English, P.S- Dariyapur, Dist- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Sharma, Adv.
For the Opposite Party/s : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 07-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in connection
with Dariyapur P.S. Case No. 693 of 2025 registered for the
offence(s) punishable under Section(s) 30(a), 30(c), 34 and 36 of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 43 litres of illicit
liquor was recovered from the Chakdiyara where the petitioner
was apprehended.
4. The learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this case.
It has further been submitted that the recovery has been made from
the Chakdiyara which is an open place and is accessible to anyone.
It has further been submitted that the petitioner has no concern
Patna High Court CR. MISC. No.89349 of 2025(2) dt.07-01-2026
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with the seized liquor. It has lastly been submitted that the
petitioner has clean antecedent and he is in custody since
03.11.2025.
5. The petitioner is willing and undertakes to deposit a
sum of Rs. 2000/- with the Advocate Association, Patna High
Court.
6. The learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
7. Regard being had to the facts and circumstances of
the case and taking note of the fact that the petitioner has remained
in custody since 03.11.2025, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned court below where the case is
pending/successor court in connection Dariyapur P.S. Case No.
693 of 2025, subject to the following terms and conditions :-
(i) One of the bailors shall be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present before
the concerned Court on each and every date of the trial and shall
cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
Patna High Court CR. MISC. No.89349 of 2025(2) dt.07-01-2026
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will liable to be cancelled by the Court concerned.
(iv) If the petitioner, in future, is found to be involved
in similar nature of offence(s), the prosecution shall be at liberty to
move for cancellation of his bail bond.
(v) The trial court shall verify the criminal antecedent of
the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
8. The bail bond of the petitioner shall be accepted by
the learned Trial Court on showing receipt of deposit of aforesaid
amount with the Advocate Association, Patna High Court.
9. Accordingly, the prayer for bail is allowed.
10. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
Gautam/-
U T
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