Patna High Court
Pintu PasiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners, subject to bond and conditions.
Summary
Petitioners Pintu Pasi and Sonu Yadav were arrested on 14 March 2026 in connection with an FIR dated 13 March 2026 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, involving the seizure of 52.80 litres of country‑made liquor from a motorcycle. The petitioners contended that the liquor was thrown away, that it was not recovered from their conscious possession, and that the seizure list was prepared solely by police, thereby breaching Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023. They also highlighted their clean antecedent. The State opposed bail. The High Court, after considering the facts and the petitioners' clean record, granted bail on a bond of Rs 10,000 each with two sureties, subject to conditions of cooperation with the trial, non‑tampering with evidence or witnesses, and verification of antecedents. The order directed that bail bonds be accepted without delay for verification purposes.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance of Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023, by the investigating police warrants the grant of bail.
- Whether the petitioners' clean antecedent and the circumstances of the seizure justify bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- seizure of liquor
- clean antecedent
- police procedure
- Section 30(a)
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28842 of 2026
Arising Out of PS. Case No.-19 Year-2026 Thana- NUAOW District- Kaimur (Bhabua)
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1. Pintu Pasi Son of Shuresh Chaudhri Resident of Village and P.S.- Nuaon,
District - Kaimur (Bhabua).
2. Sonu Yadav Son of Ramashish Yadav Resident of Village - Baddaha, P.S.-
Nuaon, District - Kaimur (Bhabua).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Naveen Kumar, Advocate
: Mr.Vivekanand Singh, Advocate
For the Opposite Party/s : Mr.Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-04-2026 Heard Mr. Naveen Kumar, learned counsel for the
petitioners and Mr.Anant Kumar 1, learned A.P.P. for the State.
2. The petitioners seek bail, who are in custody since
14.03.2026 in connection with Nuaon P.S. Case No. 19 of
2026, F.I.R. dated 13.03.2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act.
3. Recovery is of 52.80 liters of country made liquor.
4. Learned counsel appearing for the petitioners
submits that the petitioners have clean antecedent. Further
submits that it appears from the FIR as well as the seizure list
that nothing has been recovered from conscious possession of
Patna High Court CR. MISC. No.28842 of 2026(2) dt.28-04-2026
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the petitioners rather the recovery has been made from the
motorcycle in question and it appears from the FIR that the
petitioners have thrown the liquor in question from the
motorcycle in question but they are apprehended. Learned
counsel for the petitioners submits that it appears from the
seizure list that the seizure list witnesses are police personnel so
there is non-compliance of Sections 103 and 105 of BNSS, 2023
and the petitioners are in custody since 14.03.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioners.
6. Considering the aforesaid fact and petitioners have
clean antecedent, let the petitioners, above named, be released
on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of learned Special Judge Excise No.1, Kaimur at Bhabhua in
connection with Nuaon P.S. Case No. 19 of 2026, with 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 their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.28842 of 2026(2) dt.28-04-2026
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(II) If the petitioners tamper 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 have concealed their
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)
Nitesh/-
U T
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