Patna High Court

Pintu @ Pinku Paswan @ Pinku Kumar PaswanversusThe State of Bihar

Decided: 23 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner with a bond of Rs 10,000 and two sureties.

Summary

Petitioner Pintu Paswan applied for bail in a case registered as Sultanganj P.S. Case No. 74 of 2026, involving alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 and Sections 25(1‑b)a, 26 and 35 of the Arms Act. The prosecution alleged that illicit foreign‑made liquor (13.89 litres) and a country‑made pistol with a live cartridge were recovered from the house of co‑accused Suraj Shah, not from the petitioner’s possession. The petitioner contended that nothing was seized from him and that the recovery resulted solely from his disclosure about the co‑accused’s premises; he has been in judicial custody since 09‑02‑2026. The State opposed bail, citing a prior criminal case against the petitioner. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties of equal amount, subject to the satisfaction of the Exclusive Special Excise Judge‑II, Bhagalpur.

Issues considered

Whether bail should be granted to the petitioner for offences under the Bihar Prohibition and Excise Act, 2016 and the Arms Act, considering that the seized items were not found in his possession.
Whether the petitioner’s prior criminal antecedent warrants denial of bail.

Legislation cited

Arms Act — s. 25(1-b)a, 26, 35
Bihar Prohibition and Excise Act, 2016 — s. 30(a)

Subjects

bail
Bihar Prohibition and Excise Act
Arms Act
criminal antecedent
judicial custody
surety
Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.26677 of 2026
                    Arising Out of PS. Case No.-74 Year-2026 Thana- SULTANGANJ District- Bhagalpur
                 ======================================================
                 Pintu @ Pinku Paswan @ Pinku Kumar Paswan S/o Udho Paswan Resident
                 of village- Rajgangapur, PS- Sultanganj, Distt.- Bhagalpur

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

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

2   23-04-2026                 Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner has prayed for bail in connection

                   with Sultanganj P.S. Case No.74 of 2026 registered for the

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

                   and Excise Act, 2016 and under Sections 25(1-b)a, 26 and 35 of

                   the Arms Act.

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

                   disclosure of this petitioner house of Suraj Shah, illicit foreign

                   made liquor to the tune of 13.89 liter was recovered and a

                   country made pistol was also recovered with a live cartridge.

                               4. Learned counsel appearing on behalf of the

                   petitioner has submitted that nothing has been recovered from

                   the possession of this petitioner. Learned counsel for the
            Patna High Court CR. MISC. No.26677 of 2026(2) dt.23-04-2026
                                                        2/2




                      petitioner has further submitted that recovery has been made

                      only on the disclosure of the petitioner from the house of co-

                      accused Suraj. Learned counsel for the petitioner has further

                      submitted that the petitioner is in judicial custody since

                      09.02.2026.

                                   5. The application for bail is opposed by learned APP

                      for the State. Learned APP has submitted that the petitioner is

                      having criminal antecedent of one case.

                                   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 court of learned

                      Exclusive Special Excise Judge-II, Bhagalpur in connection

                      with Sultanganj P.S. Case No.74 of 2026.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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