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Patna High Court

Pintu Kumar @ Sunil Kumar @ Rakesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and specified conditions.

Summary

Petitioner Pintu Kumar was arrested on 14 March 2026 for alleged offences under Sections 274 and 275 of the Bharatiya Nyay Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2018, relating to the seizure of 39.3 litres of country‑made liquor. He contended that he was falsely implicated, pointing out a discrepancy between the time of seizure (04:30 PM) and the filing of the FIR (05:50 PM), and alleged that the police had planted the liquor and failed to comply with Sections 103 and 105 of the BNSS. The prosecution opposed bail, highlighting eight prior criminal antecedents, though the petitioner was already on bail in other pending matters. The court, after considering the factual matrix and procedural lapses, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directed that bail should not be delayed for verification purposes.

Issues considered

  • Whether bail should be granted despite the seriousness of the offences under the BNSS and Bihar Prohibition and Excise Act.
  • Whether the alleged procedural irregularities (non‑compliance of Sections 103 and 105 BNSS and timing discrepancy) warrant bail.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • seizure of liquor
  • procedural irregularities
  • prior convictions
  • BNSS
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27157 of 2026
                      Arising Out of PS. Case No.-137 Year-2026 Thana- RAMGARHWA District- East
                                                       Champaran
                 ======================================================
                 Pintu Kumar @ Sunil Kumar @ Rakesh Kumar S/o Achhelal Prasad Resident
                 of village - Nawkadhwa, P.S - Ramgarhwa, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ujjwal Kumar Singh, Advocate
                 For the Opposite Party/s :      Ms. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-04-2026                        Heard Mr. Ujjwal Kumar Singh, learned counsel

                   for the petitioner and Ms. Sucheta Yadav, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   14.03.2026 in connection with Ramgarhwa P.S. Case No. 137of

                   2026, F.I.R. dated 14.03.2026 for the offences punishable under

                   Section 274, 275 of Bharatiya Nyay Sanhita, 2023 and Section

                   30(a) of the Bihar Prohibition and Excise Act, 2018.

                               3. Recovery is of 39.3 liters of country made liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   as well as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.27157 of 2026(2) dt.22-04-2026
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          conscious possession of the petitioner. Infact the police has

          planted the same and shown that the recovery has been made

          from the conscious possession of the petitioner. He next submits

          that the seizure list records the date and time as 14.03.2026 at

          04:30 PM and the FIR records the date and time as 14.03.2026

          at 05:50 PM which suggest that the seizure allegedly occurred

          before the FIR was registered, which can raise doubt about

          whether the sequence of events presented by the prosecution is

          accurate. He further submits that seizure list witnesses are police

          personnel and there is non-compliance of Section 103 and 105

          of BNSS and the petitioner is in custody since 14.03.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner carries eight criminal antecedents other

          than the present one but fairly submits on the basis of

          paragraph-3 of the bail application that the petitioner is on bail

          in the pending matters.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Exclusive

          Special Excise Court No-03, I/C East Champaran, Motihari in
            Patna High Court CR. MISC. No.27157 of 2026(2) dt.22-04-2026
                                                        3/3




                      connection with Ramgarhwa P.S. Case No. 137of 2026, subject

                      to the following conditions:-

                                    i. Petitioner shall co-operate in the trial and shall be

                       properly represented on each and every date fixed by the court

                       and shall remain physically present as directed by the court and

                       on his absence on two consecutive dates without sufficient

                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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