Created by Fuzzy Cloud

Patna High Court

Pintu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.