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Patna High Court

Pintu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, holding that the FIR does not disclose a cognizable offence against him and the bar under Section 76(2) is not applicable.

Summary

The petitioner, Pintu Kumar, sought anticipatory bail after the police linked him to an alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act based on an informant’s statement and a seizure of 31,600 litres of illicit liquor. The prosecution’s case relied on the testimony of Sameer Kumar, who identified the petitioner. The petitioner argued that the seizure was made from Sameer Kumar and that there was no direct evidence of his involvement, invoking the precedent of Ram Vinay Yadav v. State of Bihar which allows anticipatory bail despite the bar under Section 76(2) if the FIR does not disclose a cognizable offence. The court, considering the submissions and the cited precedent, granted anticipatory bail with a bond of Rs. 10,000 and multiple conditions, including regular police appearances and non‑interference with witnesses. The order stipulated that the bail would be effective if the petitioner is arrested or surrenders within four weeks.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2) of the Act.
  • Whether the petitioner can be implicated solely on the basis of an informant’s statement and seizure made from another individual.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 76(2)
  • Section 438(2) CrPC
  • liquor seizure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21658 of 2026
                       Arising Out of PS. Case No.-95 Year-2026 Thana- JAKKANPUR District- Patna
                 ======================================================
                 Pintu Kumar S/O Munna Paswan Resident of Village- Lowar Court
                 Purandarpur, P.S- Jakkanpur, dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rakesh Bihari Singh, Advocate
                 For the Opposite Party/s :       Mr.Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   16-04-2026                  Heard the parties.

                                2. The petitioner is apprehending arrest in connection

                   with Jakkanpur P.S. case no. 95/2026 offence under section

                   30(a) of Bihar Prohibition and Excise Act rejected lodged on

                   30.01.2026 by the informant, Dinesh Mandal.

                                3. As per the prosecution story, the informant alleged

                   that on secret information about selling of the liquor, the Police

                   went to the place and recovered/seized 31.600 liters of country

                   made liquor near a railway line. One Sameer Kumar was

                   apprehended who gave the name of this petitioner. This led to

                   the FIR.

                                4. Learned counsel for the petitioner submits that only

                   because of one criminal antecedent, the Police has implicated

                   him. The recovery/seizure is from Sameer Kumar.
Patna High Court CR. MISC. No.21658 of 2026(2) dt.16-04-2026
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                       5. Further, learned counsel for the petitioner relied on

          the judgment of the Full Bench of Hon’ble Patna High Court in

          the case of Ram Vinay Yadav vs. State of Bihar reported in

          2019 (2) PLJR 1089 wherein it has been held that an

          application for anticipatory bail in a case arising out of Bihar

          Excise and Prohibition Act can be maintained, despite the bar

          under Section 76(2) of the Act, if on the basis of allegation

          made in the FIR, no offence under the said provision is made

          out.

                       6. Learned APP opposes the prayer submitting that

          Sameer Kumar has named him.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that recovery/seizure is from Sameer Kumar and not from

          this petitioner, in that background, this Court is inclined to

          extend him the privilege of anticipatory bail.

                       8. Let the petitioner be released on bail, in the event

          of his arrest or surrender before the concerned court within a

          period of four weeks from the receipt of this order, on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each in connection with Jakkanpur P.S. case no.

          95/2026 to the satisfaction of learned Special Judge Excise-II,
Patna High Court CR. MISC. No.21658 of 2026(2) dt.16-04-2026
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          Patna subject to the conditions as laid down under Section

          438(2) of the Cr.P.C. as also the other conditions.

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document (Aadhar Card/Driving License/Voter ID/Pan Card

          etc.) to show his/her bona fide;

                       (ii) the petitioner shall be appearing before the police

          station as and when required for cooperating in the

          investigation;

                       (iii) the petitioner shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his

          bail bond by the Trial Court itself;

                       (iv) the petitioner shall appear before the concerned

          police station every day for one month and later every fortnight

          for next six months to mark his attendance and at the end of the

          period a certificate be submitted before the Trial Court failing

          which the State shall be at liberty to take steps for cancellation

          of bail bonds;

                       (v) the petitioner shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,

          failing which the State shall be at liberty to take steps for
             Patna High Court CR. MISC. No.21658 of 2026(2) dt.16-04-2026
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                       cancellation of the bail bonds;

                                    (vi) the petitioner shall desist from committing any

                       criminal offence again, failing which the State shall be at liberty

                       to take steps for cancellation of his bail bonds.



                                                      (Rajiv Roy, J)
Ravi/-

U        T


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