Patna High Court
Pappu DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner, subject to bond and conditions.
Summary
The petitioner, Pappu Das, was arrested on 29-12-2025 after 80 litres of liquor were recovered from his scooty in a case under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, arguing that no incriminating material was found in his conscious possession and that his arrest was based merely on suspicion, despite being the owner of the vehicle. The petitioner also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and pointed to his single prior criminal antecedent. The State opposed bail, contending the seriousness of the offence. Considering the circumstances, the court found that the reasons for continued detention were not compelling and therefore granted bail, subject to a bond of Rs. 15,000 with two sureties and specific conditions regarding trial attendance. The bail order was conditioned on one surety being a close family member and allowed cancellation if the petitioner defaults on two consecutive appearances.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
- Whether the petitioner’s prior criminal antecedent and period of custody preclude bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- suspicion
- custody
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9555 of 2026
Arising Out of PS. Case No.-85 Year-2025 Thana- Kachna District- Katihar
======================================================
Pappu Das Son of Manmohan Das Resident of village- Jalkumar, PS- Barsoi,
Distt- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Kachna
P.S. Case No. 85 of 2025, instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 80 liters
liquor was recovered from scooty and the petitioner was
arrested on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.9555 of 2026(2) dt.12-02-2026
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no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the petitioner is owner of
the scooty in question. It is further submitted that the petitioner
has been arrested only on the basis of suspicion. The petitioner
is in custody since 29.12.2025 and has got one criminal
antecedent. There is no compliance of Section 103 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Kachna P.S. Case No. 85 of 2025,
subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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