Patna High Court

Danayia @ Pintu Kumar @ Pintu @ Danayia Kumar @ DhanayiaversusThe State of Bihar

Decided: 18 April 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The petitioner is entitled to regular bail and is directed to be released upon furnishing the prescribed bail bond and sureties.

Summary

The petitioner, Danayia @ Pintu Kumar, was arrested in connection with the alleged recovery of 1,189.455 litres of liquor from a location behind a brick kiln, under Section 30 of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that he has a clean record, was not arrested at the spot, and that the liquor was not in his conscious possession, arguing that the complaint was motivated by an inimical relationship with the village watchman (chawkidar). The petitioner further asserted that the chawkidar’s failure to inform police earlier casts doubt on the prosecution’s case, and he pledged to cooperate with the trial if released. The State opposed the bail, but the court considered the lack of direct possession, the petitioner’s clean antecedents, and the possibility of the complaint being false. Consequently, the court ordered the petitioner’s release on regular bail upon furnishing a bail bond of Rs.5,000 with two sureties of the same amount.

Issues considered

Whether the petitioner is entitled to regular bail in a case under Section 30 of the Bihar Prohibition and Excise (Amendment) Act, 2022, given the circumstances of alleged non‑possession and potential false accusation.

Subjects

bail
prohibition law
excise
Section 30
criminal procedure
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20004 of 2026
                         Arising Out of PS. Case No.-734 Year-2025 Thana- MANER District- Patna
                 ======================================================
                 Danayia @ Pintu Kumar @ Pintu @ Danayia Kumar @ Dhanayia son of
                 Chaneshwar Ray Resident of village- Nagatola, Goriya Sthan, PS - Maner,
                 Dist- Patna
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Prakash Chandra Jha, Advocate
                 For the Opposite Party/s :        Ms. Asha Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 30 of the Bihar Prohibition

                   and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 1189.455 litres of liquor from a place behind the

                   brick klin.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to villagers at large. It is further submitted that
           Patna High Court CR. MISC. No.20004 of 2026(2) dt.18-04-2026
                                                       2/2




                     petitioner came to be implicated at the instance of the

                     Chawkidar with whom he is on an inimical term. It is next

                     submitted that if the Chawkidar was aware of the involvement

                     of the petitioner in the occurrence then why he did not inform

                     the police prior to the institution of the instant FIR which casts

                     an aspersion on the case of the prosecution. It is also submitted

                     that petitioner is in custody since 23.01.2026 and if the privilege

                     of regular bail is granted to the petitioner, the petitioner will not

                     abscond rather will cooperate in the trial to prove his innocence.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     regular bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioner, the petitioner,

                     above-named, is directed to be released on bail on furnishing

                     bail bonds of Rs.5,000/- (Rupees Five Thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     Trial Court where the case is pending in connection with Maner

                     P.S. Case No. 734 of 2025.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T

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