Pappu Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19856 of 2026 Arising Out of PS. Case No.-128 Year-2026 Thana- DARIYAPUR District- Saran ====================================================== 1.

Pappu Kumar Rai S/O Thakur Rai R/O Village- Magarpal Nuran, P.SDariyapur, Distt.- Saran. 2.

Anil Rai S/O Yogendra Rai R/O Village- Tarwa Magarpal, P.S- Dariyapur, Dist.- Saran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-03-2026 Heard the learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Dariyapur P.S. Case No. 128 of 2026 registered for the offence under Sections 317(2) and 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a), 30(c), 34 and 36 of the Bihar Prohibition & Excise Act.

3. There is recovery of 35 liters of illicit liquor from the petitioners. The petitioner no. 1 claims clean antecedent whereas the petitioner no. 2 has three criminal antecedents.

4. Learned counsel for the petitioners submits that the petitioners are in custody since 13.02.2026, are quite

Patna High Court CR. MISC. No.19856 of 2026(2) dt.31-03-2026 2/3 innocent and have falsely been implicated in the present case. He further submits that the petitioners are ready to donate Rs. 25,000/- (Rs. Twenty Five Thousand) each in some charitable organization without accepting their guilt.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

7. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned concerned Court below, Saran at Chapra in connection with Dariyapur P.S. Case No. 128 of 2026 subject to condition that:- (I). The petitioners shall deposit an amount of Rs. 25,000/- (Rupees Twenty Five Thousand Only) each in Ramakrishna Mission Ashrama, Latu Maharaj Path, Opp.

Circuit House, Chapra, Bihar and produce the receipt of the same before the Court below. The bail bonds of the petitioners shall be accepted only after verifying the genuineness of the receipt produced by the petitioners.

(ii). The petitioners are directed to mark their attendance at Dariyapur Police Station, Saran on every Sunday of each month. Failure to do so, will result in

Patna High Court CR. MISC. No.19856 of 2026(2) dt.31-03-2026 3/3 cancellation of bail bonds of the petitioners. (iii). Both the bailors will be close blood relative of the petitioners.

(iv). At the time of accepting the bail bonds of the petitioner no. 1, the Court below shall verify the fact whether the petitioner no. 1 has clean antecedent or not. If it is found that the petitioner no. 1 has clean antecedent then only his bail bonds shall be accepted by the Court below.

However, it is made clear that the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Sandeep Kumar, J) Shishir/- U T