Patna High Court
Pintu Kumar @ Sunil Kumar @ Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 103, 105, 274, 275
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
2/3
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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