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Patna High Court

Pappu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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