Patna High Court
Pintu Rai @ Pintu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
Petitioner Pintu Rai sought anticipatory bail after being implicated in a case involving the seizure of 2,593.08 litres of illicit liquor from six vehicles and four pistols from a co-accused's shop. The prosecution alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 25(1‑B)a, 26 and 35 of the Arms Act. The petitioner contended that no incriminating material was found in his possession, he was neither the driver nor the owner of the vehicles, and his inclusion as an accused was merely on suspicion. The State opposed bail, highlighting the large quantity of contraband recovered and the petitioner’s four prior criminal convictions. Considering the seriousness of the recovered items and the petitioner’s antecedents, the Court refused the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nature of the alleged offences and his criminal antecedents
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Arms Act
- illicit liquor
- criminal antecedents
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22390 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- GARKHA District- Saran
======================================================
Pintu Rai @ Pintu Yadav Son of Chandrama Yadav R/o Village - Pyarepur,
Baniyapur, P.S. - Baniyapur, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Garkha P. S. Case
No. 02 of 2026 registered for the offences punishable under
Section 30(a) of Bihar Prohibition and Excise Act and Sections
25(1-B)a, 26, 35 of Arms Act.
3. As per prosecution case, total 2593.08 liters illicit
liquor was recovered from six different seized vehicles and four
pistols from the shop of co-accused Pankaj Kumar.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner is neither driver nor
owner of the vehicles in question. Petitioner has got no concern
with the alleged recovery and he has been made accused in this
case only on suspicion.
Patna High Court CR. MISC. No.22390 of 2026(2) dt.15-04-2026
2/2
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner and submits that petitioner has got four
criminal antecedents.
6. Considering huge quantity of recovery of illicit
liquor and four pistols and criminal antecedents, prayer for
anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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