Patna High Court
Pintu RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to specified conditions.
Summary
The petitioner, a truck driver, was arrested on 3 January 2026 for alleged possession of 1,400 litres of codeine phosphate and triprolidine hydrochloride syrup, offences under Sections 30(a), 47 and 41 of the Bihar Prohibition and Excise Act, 2018. He contended that the contraband was in the truck under the direction of Pink Logistic Company and that he had no knowledge of the consignment, also alleging non‑compliance of Sections 103 and 105 of the BNSS. The Additional Public Prosecutor opposed bail, while the petitioner’s counsel highlighted his clean antecedent and false implication. The court examined the facts, the statutory provisions and the lack of direct conscious possession, and decided to grant bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedent. The order directed that bail bonds not be delayed for verification purposes.
Issues considered
- Whether the petitioner is entitled to bail despite alleged possession of narcotic syrup under the Bihar Prohibition and Excise Act, 2018.
- Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS affects the grant of bail.
- Whether the seizure was from the petitioner’s conscious possession or merely from the truck he was driving.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- excise
- drug possession
- Bihar Prohibition and Excise Act
- BNSS
- conscious possession
- driver liability
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21356 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- Excise P.S. District- Nawada
======================================================
Pintu Ray S/o Late Hardayal Ray R/o Village- Kanchanpur Dhanushi, P.S-
Kartahan, Dist- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 01-04-2026 Heard Mr. Man Mohan Kumar, learned counsel for
the petitioner and Mr. Nand Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
03.01.2026 in connection with Nawada Excise P.S. Case No. 07
of 2026, F.I.R. dated 02.01.2026 for the offences punishable
under Section 30(a), 47, 41 of the Bihar Prohibition and Excise
Act, 2018.
3. Recovery is of 1400 liter (14000x100) Codein
Phosphate & Triprolidine Hydrochloride Syrup.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
Patna High Court CR. MISC. No.21356 of 2026(2) dt.01-04-2026
2/3
recovered from the conscious possession of the petitioner rather
the recovery has been made from truck in question. Petitioner is
the driver of the truck in question and he was carrying the syrup
as per the direction of Pink Logistic Company and he was not
aware about the consignment which was kept in the truck in
question. He further submits that there is non-compliance of
Section 103 and 105 of BNSS. He further submits that the
police after investigation submitted the charge sheet against the
petitioner. The petitioner is in custody since 03.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Court, Excise-2, Nawada in connection with Nawada
Excise P.S. Case No. 07 of 2026, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.21356 of 2026(2) dt.01-04-2026
3/3
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
Checking your session…