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Patna High Court

Pintu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

The petitioner, Pintu Kumar, was arrested as the driver of a pickup vehicle from which 2,340 litres of liquor were seized, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, had no ownership of the vehicle, and had no knowledge of the contraband, with no incriminating article found in his possession. The prosecution opposed bail, while the petitioner highlighted his lack of criminal antecedents and the non‑application of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The Court, considering the circumstances and the period of custody, decided to grant bail. Bail was conditioned on a bond of Rs. 15,000 with two sureties, a family member as one bailor, regular appearance in court, and a prohibition on tampering with evidence or influencing witnesses.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
  • Whether the petitioner’s claim of false implication and lack of knowledge of the contraband affects bail eligibility.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarika Suraksha Sanhita
  • false implication
  • driver liability
  • criminal procedure
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14425 of 2026
                      Arising Out of PS. Case No.-32 Year-2026 Thana- RAJAPAKAR District- Vaishali
                 ======================================================
                 Pintu Kumar S/o Pramod Ray R/o Village - Ashaatpur Singhia, Litiyahi, P.S -
                 Ganga Bridge, District - Vaishali

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Sweety Sinha, Advocate
                 For the Opposite Party/s :        Mr. Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   27-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Rajapakar (Baranti) P.S. Case No. 32 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 2340

                   litres of liquor was recovered from pickup vehicle.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. Learned counsel further submitted

                   that petitioner is not the owner of the vehicle. It is further
Patna High Court CR. MISC. No.14425 of 2026(2) dt.27-02-2026
                                             2/3




          submitted that petitioner is the driver of the vehicle in question

          but he had no knowledge regarding the goods loaded in the

          vehicle. The petitioner is in custody since 23.01.2026 and has no

          criminal antecedent. There is no compliance of Section 103 of

          the Bharatiya Nagarika 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, after framing

          of charge, if not already framed, 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 Rajapakar (Baranti)

          P.S. Case No. 32 of 2026, subject to the following conditions:

                        (I) One of the bailors shall be the petitioner’s own or a

          close family member.

                        (II) The petitioner shall appear on each and every date

          fixed during the trial and shall not remain absent on two

          consecutive dates without sufficient cause.

                        (III) The petitioner shall not tamper with the
           Patna High Court CR. MISC. No.14425 of 2026(2) dt.27-02-2026
                                                       3/3




                     prosecution evidence or influence/intimidate any witness during

                     the course of trial.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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