Patna High Court
Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted as the recovery did not constitute conscious physical possession by the petitioner.
Summary
The petitioner, Pappu Kumar, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act, with 18 litres of liquor recovered from a motorcycle. The petitioner contended that the motorcycle was not linked to him and that he had no conscious physical possession of the liquor, emphasizing his clean antecedent. The State opposed bail. The Court examined the facts and concluded that the recovery did not demonstrate conscious possession by the petitioner. Consequently, the Court ordered his release on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The bail order was directed to be implemented by the concerned Excise Court and trial court.
Issues considered
- Whether the petitioner’s alleged involvement in the illegal liquor seizure establishes sufficient grounds to deny bail.
- Whether the recovery of liquor from a motorcycle, without proof of the petitioner’s conscious possession, warrants denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- illegal liquor
- Bihar Prohibition and Excise Act
- conscious possession
- Criminal Procedure Code
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9878 of 2026
Arising Out of PS. Case No.-594 Year-2025 Thana- JAMUI District- Jamui
======================================================
Pappu Kumar Son of Mangru Yadav Resident of Village- Kundar Gopalpur,
P.S.- Chanan, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ankita Kumari
For the Opposite Party/s : Mr.Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-02-2026 Heard the parties.
2. The accused/petitioner is named in the F.I.R. and
apprehending his arrest in connection with Jamui P.S. Case No.
594 of 2025 registered for the offences punishable under Sections
30 (a) and 32 of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to be
engage in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 18 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the
petitioner submitted that recovery of illicit liquor was made from
the motorcycle. It is further submitted that motorcycle in issue is
not connected in any manner with petitioner. It is submitted that
recovery is not made from conscious physical possession of the
petitioner, who is a man of clean antecedent. It is also submitted
Patna High Court CR. MISC. No.9878 of 2026(2) dt.17-02-2026
2/2
that seizure list appears doubtful being not supported by
independent witnesses rather by police personnels.
5. Learned APP, opposes the prayer for bail.
6. In view of the facts and circumstances as
mentioned above as recovery of illicit liquor not appears to be
made from the conscious physical possession of this petitioner,
accordingly the petitioner above named, in the event of his arrest
or surrender before the learned trial court within a period of four
weeks, is directed to be released on bail, furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Excise Court-I, Jamui/concerned trial court where the case is
pending in connection with Jamui P.S. Case No. 594 of 2025
subject to the conditions as laid down under Section 438(2) of the
Cr.P.C./ Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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