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Patna High Court

Pintu PasiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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)
                 ======================================================
           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
                                                           3/3




                                      (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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