Patna High Court
Pintu Kumar @ Maigar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner subject to bail bond and sureties, with confirmation contingent upon verification of his criminal antecedents.
Summary
The petitioner, Pintu Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for alleged recovery of 82 litres of liquor from a bush adjacent to his house. He has nine prior criminal cases, six of which are under the Excise Act, and argues that the liquor was not found in his possession and that the complaint originated from a chowkidar rather than a proper police investigation. He sought anticipatory bail, contending that the prosecution’s case is weak and that his antecedents should be examined before any bail decision. The court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.45,000 and two sureties of the same amount, subject to verification of his criminal antecedents. The order directs that if the petitioner is found to have more than nine prior cases, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.
- Whether the absence of recovered liquor in the petitioner’s possession justifies anticipatory bail.
- Whether verification of the petitioner’s criminal antecedents is required before confirming bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- criminal antecedents
- Section 30(a)
- Bihar Prohibition and Excise Act
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16018 of 2026
Arising Out of PS. Case No.-14 Year-2026 Thana- NARHATT District- Nawada
======================================================
Pintu Kumar @ Maigar Yadav S/O Baleshwar Yadav R/O Village- Hazidhab,
P.S- Narhat, Distt.- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of nine cases, out of which, six cases
are under the Excise Act and allegation is of recovery of 82
litres of liquor from a bush near the house of the petitioner. It is
next submitted that petitioner was not arrested from the spot as
such nothing was recovered from his conscious possession and
even alleged recovery is from a place which does not belong to
the petitioner but then is adjacent to his house and he came to be
implicated at the instance of chowkidar with whom he is on an
Patna High Court CR. MISC. No.16018 of 2026(3) dt.06-04-2026
2/3
inimical term. It is also submitted that if chowkidar was aware
of the involvement of the petitioner in the occurrence then why
he did not inform the police prior to institution of the instant
FIR which casts an aspersion on the case of the prosecution. It is
next submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either through chowkidar, local person, confessional statement
or secret information without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.45,000/- (Rupees forty five
thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Narhat P.S. Case
No.14/2026, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
Patna High Court CR. MISC. No.16018 of 2026(3) dt.06-04-2026
3/3
event if it is found that petitioner has antecedent of more than
nine cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of nine
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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