Patna High Court
Pintu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioners with a bond of Rs.25,000 each, subject to conditions and possible cancellation.
Summary
Petitioners Pintu Singh and Sonu Singh were arrested in connection with the seizure of 147.78 litres of liquor, four cartridges, a car and two motorcycles, and charged under several sections of the Bihar Negotiable Substances Act, the Arms Act and the Bihar Excise Act. They contended that they were not caught in possession of the contraband, were not owners of the seized vehicles, and had been in custody since 22‑11‑2025 without proper investigation. The State opposed their bail application. The High Court, after considering the petitioners' submissions, granted bail on the condition of a Rs.25,000 bond per petitioner with two sureties each, subject to cancellation if they attempt to delay framing of charges or the trial. The order emphasizes the trial court's discretion to revoke bail if the petitioners misuse the liberty. The bail was thus granted with safeguards to ensure trial progress.
Issues considered
- Whether bail should be granted to the petitioners despite the seriousness of the offences under the Bihar Negotiable Substances Act, Arms Act and Excise Act.
- Whether the petitioners pose a risk of tampering with evidence or delaying the trial.
Legislation cited
- Arms Act — s. 26, 27, 35
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Substances Act — s. 109, 132, 191(2), 191(3), 324(4)
Subjects
- bail
- excise law
- arms act
- criminal procedure
- pre‑trial detention
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2313 of 2026
Arising Out of PS. Case No.-181 Year-2025 Thana- BRAHMPUR District- Buxar
======================================================
1. Pintu Singh S/o Gopal Singh R/o vill- Balua (sapahi), Ps- Brahampur,
District- Buxar
2. Sonu Singh S/o Late Dadan Singh R/o vill - Sapahi, P.S.- Brahampur, Distt.-
Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners seek bail in a case registered for the
offences punishable under Sections 191(2), 191(3), 109, 132 and
324(4) of BNS and Sections 27, 26 and 35 of Arms Act and
Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners have antecedent of two cases under the Excise Act
and allegation is of recovery of 147.780 liters of liquor along
with four cartridges from a car and two motorcycles were also
seized.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.2313 of 2026(2) dt.30-01-2026
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petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and are not owner of
any of the seized vehicles and altogether 35 persons have been
named as accused based on disclosure made by the Chowkidar,
but then it is submitted that once an accused is implicated in a
case relating to excise, the police starts implicating
mechanically either at the instance of Chowkidar, local person,
confessional statement or secret information without holding a
proper investigation. It is also submitted that petitioners are in
custody since 22-11-2025. It is further submitted that petitioners
will not abscond rather will cooperate in the trial to prove their
innocence.
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioners.
6. Considering the submission made by learned
counsel for the petitioners, let the petitioners, above named, be
released on bail on furnishing bail bond of Rs. 25,000/- (Rupees
Twenty Five Thousand) each with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with
Brahampur P.S. Case No. 181 of 2025.
7. However, it is made clear that if the learned Trial
Patna High Court CR. MISC. No.2313 of 2026(2) dt.30-01-2026
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Court comes to a conclusion that petitioners after their release is
trying to delay the framing of charge or after framing of charge
is trying to delay the trial in any manner, in both the conditions,
the learned Trial Court shall be at liberty to cancel the bail
bonds of the petitioners.
(Satyavrat Verma, J)
Rishabh/-
U T
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