Patna High Court
Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners subject to a bond of Rs.10,000 and specified conditions.
Summary
Petitioners Pintu Kumar and Bablu Kumar were arrested on 24 March 2026 in connection with an excise case involving the seizure of 96.840 litres of illicit country-made liquor from a motorcycle. They were charged under Sections 30(a) and 32(iii) of the Bihar Prohibition and Excise Act. The petitioners argued that they have no prior criminal record, that the liquor was not found in their conscious possession, and that the seizure list, prepared solely by police personnel, violated Section 103/105 of the Bihar Narcotic Substances Act, 2023. The State opposed bail. The High Court, after considering the facts, 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.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(iii) of the Bihar Prohibition and Excise Act in the circumstances of the case.
- Whether the alleged non‑compliance with Section 103/105 of the Bihar Narcotic Substances Act, 2023, affects the grant of bail.
- Whether the fact that the seized liquor was not found in the petitioners' conscious possession warrants bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103, 105
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- seizure
- Section 103/105 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28697 of 2026
Arising Out of PS. Case No.-74 Year-2026 Thana- Excise P.S. District- Saran
======================================================
1. Pintu Kumar S/o Gorakh Rai Reident of Village- Chakiya, Kala Patti,
Rampur, PS- Doriganj, Distt- Saran at Chhapra
2. Bablu Kumar S/o Rajkumar Ray Reident of Village- Chakiya, Kala Patti,
Rampur, PS- Doriganj, Distt- Saran at Chhapra
... ... petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the petitioners/s : Mr. Adesh Raj Singh, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-04-2026 Heard Mr. Adesh Raj Singh, learned counsel for the
petitioners and Ms. Shaheen Begum, learned Additional Public
Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
24.03.2026 in connection with Sadar Excise P.S. Case No. 74 of
2026, F.I.R. dated 23.03.2026 for the offences punishable under
Sections 30(a) and 32(iii) of the Bihar Prohibition and Excise
Act.
3. Recovery is of 96.840 liters of illicit country made
liquor.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
Patna High Court CR. MISC. No.28697 of 2026(2) dt.28-04-2026
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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 conscious possession of the petitioners
rather the recovery of 96.840 liters of illicit liquor has been
made from the motorcycle. It appears from the seizure list that
the seizure list witnesses are the police personnel, so there is
non-compliance of Section 103/105 of the BNSS, 2023. The
petitioners are in custody since 24.03.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
let the petitioners, 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
3rd Exclusive Special Excise Court, Saran at Chhapra in
connection with Sadar Excise P.S. Case No. 74 of 2026 subject
to the following conditions:-
i. petitioners 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.
Patna High Court CR. MISC. No.28697 of 2026(2) dt.28-04-2026
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ii. If the petitioners 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 petitioners and in case at
any stage it is found that the petitioners has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Vanisha/-
U T
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