Patna High Court
Md. Pintu @ Firdaus @ FirdosversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Md. Pintu, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Amendment) after 213.3 litres of illicit liquor were seized from a motorcycle. He has been in judicial custody since 9 February 2026 and claims he was falsely implicated, asserting a clean antecedent. The prosecution’s case is based solely on the statement of a co‑accused, and the petitioner was not arrested at the scene. The petitioner’s counsel sought regular bail, while the State opposed it. Considering the lack of direct evidence, the petitioner’s clean record, and the circumstances, the court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Amendment) given the facts of the case.
Legislation cited
Subjects
- bail
- regular bail
- prohibition law
- excise law
- liquor seizure
- criminal procedure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22666 of 2026
Arising Out of PS. Case No.-507 Year-2025 Thana- PALASI District- Araria
======================================================
Md. Pintu @ Firdaus @ Firdos Son of Md. Fariyad @ Firiyad Resident of
Village - Mohania, Ward no. 03, P.S. - Palasi, Dist. - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
3 19-05-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner is in custody in connection with
Palasi P.S Case No. 507 of 2025 registered for the offences
punishable under Sections 30(a) of Bihar Prohibition and Excise
Act 2022 (Amendment).
3. As per prosecution case, total 213.3 litres of
Resham Litchi Nepali liquor recovered from the seized
motorcycle.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. It is further
submitted that petitioner has got clean antecedent as stated in
paragraph no. 3 fo the bail petition. It is also submitted that
Patna High Court CR. MISC. No.22666 of 2026(3) dt.19-05-2026
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petitioner is in judicial custody since 09.02.2026.
5. However, learned APP for the State oppose the
prayer for regular bail of the petitioner.
6. On perusal of the FIR and impugned order, it
appears that name of the petitioner transpired in this case on the
statement of the co-accused. Petitioner is not arrested on the
spot and he is in custody since 09.02.2026 and has clean
antecedent as stated in paragraph no. 3 of the bail petition.
7. Considering the aforesaid facts and circumstances
of the case and submissions made on behalf of the petitioner, let
the above named petitioner be released on bail on furnishing
bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of
the like amount each to the satisfaction of learned District and
Additional Sessions Judge-cum-Exclusive Special Judge,
Excise-II, Araria in connection with Palasi P.S Case No. 507 of
2025.
(Ramesh Chand Malviya, J)
Mayank/-
U T
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