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Patna High Court

Pintu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner.

Summary

Pintu Kumar, a driver, was arrested in connection with the seizure of 604.80 litres of illicit foreign liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed he had no possession of the liquor, was falsely implicated, and that the police failed to comply with Section 105 of the BNSS during the seizure. The petitioner also highlighted his clean criminal record and that he had been in judicial custody since 24 January 2026. The State opposed bail, but the court, after considering the circumstances, decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Court No. 3, Saran.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the seizure complied with the procedural requirements of Section 105 of the BNSS.
  • Whether the petitioner poses a flight risk or risk of tampering with evidence.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • Section 30(a)
  • Section 105
  • criminal procedure
  • driver

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25504 of 2026
                          Arising Out of PS. Case No.-13 Year-2026 Thana- KOPA District- Saran
                 ======================================================
                 Pintu Kumar S/o Rambriksh Yadav Resident of Village- Ramanujbag, PS-
                 Khodaganj, Dist- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anish Kumar, Advocate
                 For the Opposite Party/s :       Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Kopa P.S. Case No. 13 of 2026 registered for the offence

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The case of the prosecution, in short, is that

                   altogether, 604.80 liters of illicit foreign liquor were recovered

                   from a truck.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that the petitioner is a driver of the said

                   truck and when he was asked, he disclosed that he has to deliver
           Patna High Court CR. MISC. No.25504 of 2026(2) dt.18-04-2026
                                                       2/2




                     the same on a mobile number. He also submits that nothing has

                     been recovered from the possession of the petitioner. The

                     witnesses of the seizure list are police personnel, and the police

                     has not complied with Section 105 of the BNSS while making

                     the seizure. Moreover, a statement has been made in para 3 of

                     the petition that petitioner has no criminal antecedent and he is

                     languishing in judicial custody since 24.01.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned

                     Exclusive Special Excise Court No. 3, Saran at Chhapra in

                     connection with Kopa P.S. Case No. 13 of 2026.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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