Patna High Court
Pinku Kumar @ Pinku GuptaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
Pinku Kumar filed an anticipatory bail application fearing arrest in Excise Case No.1238 of 2025 concerning alleged transport of 189.480 litres of country‑made liquor and beer. The prosecution alleged offences under Sections 30(a) and 56(b) of the Bihar Excise (Amendment) Act, 2018, while the petitioner claimed he was merely the owner of the tempo and had no knowledge of the contraband, asserting that the driver Sintu Kumar was responsible. He further highlighted his clean criminal record. The State opposed the bail, contending the seriousness of the offence. After hearing both sides, the Court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) Cr.P.C. and Section 482(2) of the BNSS. The order was made by Justice Ashok Kumar Pandey.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code.
- Whether the petitioner can be held liable for offences under Sections 30(a) and 56(b) of the Bihar Excise (Amendment) Act, 2018 despite claiming lack of knowledge.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- illegal liquor
- vehicle ownership
- bail conditions
- CrPC Section 438
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14256 of 2026
Arising Out of PS. Case No.-1238 Year-2025 Thana- Excise P.S. District- Patna
======================================================
Pinku Kumar @ Pinku Gupta S/o- Bek Lal Gupta R/v- Chak Gaji Ps-
Ahiyapur Dist- Muzaffarpur, P/A- Karmalichak Ps- Chowk Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar, Advocate
For the Opposite Party/s : Mr.Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Excise (Patna) P.S. Case no. 1238 of 2025
instituted for the offence under Sections 30 (a) and 56 (b) of the
Bihar Excise (Amendment) Act, 2018.
3. The case of the prosecution is that from a tempo
altogether 189.480 liters of country made liquor and beer was
recovered.
4. Learned counsel for the petitioner has submitted
that petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
Sintu Kumar, who was driving the Tempo was apprehended. It
is further submitted that the petitioner has been named in this
Patna High Court CR. MISC. No.14256 of 2026(2) dt.26-02-2026
2/2
case only because he is the owner of the tempo. The petitioner
had no knowledge of the alleged liquor being transported. He
had handed over the tempo to the driver, who misused the
vehicle. It is further submitted that the petitioner is having no
criminal antecedent.
5. Learned APP appearing for the State opposed the
prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Excise (Patna) P.S. Case no.1238 of 2025, he
will be enlarged on bail on furnishing bail bond of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each
to the satisfaction of learned Special Judge, Excise -III, Patna,
subject to the conditions as laid down under section 438(2) of
the Cr.P.C/ Section 482 (2) of the BNSS.
Ashok Kumar Pandey, J)
Jagdish/-
U T
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