Patna High Court
Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- BNSS — s. 105
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
Checking your session…