Patna High Court
Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
Pintu Kumar was arrested in connection with the seizure of 150 litres of country-made liquor from a motorcycle, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely a passerby, not the owner of the motorcycle, and that no incriminating material was found in his possession, despite having one prior criminal antecedent. The State opposed the bail application, arguing the seriousness of the offence. The Court noted the lack of direct evidence linking the petitioner to the liquor, the petitioner’s claim of innocence, and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering these factors and the period of custody already served, the Court granted bail on a bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the absence of incriminating material in the accused's possession justifies bail.
- Whether non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- criminal procedure
- Section 30
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13098 of 2026
Arising Out of PS. Case No.-57 Year-2026 Thana- KHUSRUPUR District- Patna
======================================================
Pintu Kumar S/o Ramvishwas Rai @ Ram Vriksha Rai @ Rambriksh Ray @
Ram Vishwas Ray Resident of - Ganichak, P.S - Khusrupur, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Ranjan, Advocate
For the Opposite Party/s : Mr.Md. Aslam Ansari, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Khusrupur P.S. Case No. 57 of 2026, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 150
liters of country made liquor was recovered from motorcycle.
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
no concern with the alleged recovery of liquor. The petitioner is
not the owner of the motorcycle rather he was passersby of the
Patna High Court CR. MISC. No.13098 of 2026(2) dt.24-02-2026
2/2
way and has become victim of circumstances. Local people
have disclosed the name of petitioner. The petitioner is in
custody since 06.02.2026 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 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 Khusrupur P.S. Case
No. 57 of 2026.
(Rudra Prakash Mishra, J)
manish/-
U T
Checking your session…