Patna High Court
Pintu PanditversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court grants bail to the petitioner.
Summary
The petitioner, Pintu Pandit, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 95 litres of liquor. He contended that he was falsely implicated, that no incriminating material was found in his possession, and that he had no prior criminal record. The prosecution opposed bail, while the petitioner highlighted the lack of material evidence, the open nature of the recovery site, and the lengthy custody since September 2025. The court noted the absence of compliance with Section 103 of the BNSS, 2023, and the fact that a co‑accused had already been granted bail. Considering these circumstances, the court decided to grant bail, ordering the petitioner to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
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 lack of incriminating material in the accused's possession and his clean record warrant bail
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal procedure
- custody
- no prior criminal record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14053 of 2026
Arising Out of PS. Case No.-975 Year-2025 Thana- ALAMGANJ District- Patna
======================================================
Pintu Pandit S/o- Shri Ramchandra Pandit R/O- Pahari Par Gali No- 5 PS-
Agamkuan District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Bhushan, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Alamganj PS Case No. 975 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 95 liters
liquor was recovered from plastic bag.
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. It is submitted
that recovery is from an open place, which is accessible to one
Patna High Court CR. MISC. No.14053 of 2026(2) dt.25-02-2026
2/2
and all. The petitioner is in custody since 12.09.2025 and has
got no criminal antecedent/s. There is no compliance of Section
103 of the BNSS, 2023. Other co-accused has been granted bail
by this Court vide order dated 27.11.2025, passed in Cr. Misc.
No. 81349 of 2025.
5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Alamganj PS Case
No. 975 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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