Patna High Court
Pintu @ Pintu Baitha @ PantuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Petitioner Pintu Baitha was arrested in an open field where police recovered 60 litres of illicit country-made liquor. He contended that the liquor was not in his possession and that the seizure list was prepared without complying with Section 105 of the Bihar Non‑Statutory (BNSS) provisions. He had been in judicial custody since 23 March 2026 and sought regular bail for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. The State opposed the bail, but the court, after considering the lack of direct possession and procedural irregularities, ordered his release on bail. He was required to furnish a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Exclusive Special Judge of the Excise Court‑I, Rohtas.
Issues considered
- Whether regular bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act when the seized liquor was not in his possession.
- Whether the failure to comply with Section 105 of the BNSS while preparing the seizure list warrants bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- prohibition and excise
- possession
- procedural lapse
- Section 105
- judicial custody
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28974 of 2026
Arising Out of PS. Case No.-51 Year-2026 Thana- DALMIYA NAGAR SAHAYAK District-
Rohtas
======================================================
Pintu @ Pintu Baitha @ Pantu S/O Late parshuram Baitha Resident of
Village- Ganguli, P.S- Dalmia Nagar, Dist.- Rohtas (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarfraz Ahmad, Advocate
For the Opposite Party/s : Mr. Braj Kishore Pd.(App), APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from an open
field, altogether 60 liters of country made liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. From
perusal of the FIR, it is clear that the recovery has not been
made from the possession of this petitioner rather the recovery
has been made from an open field. Learned counsel has
submitted that as he was standing there, he was apprehended by
Patna High Court CR. MISC. No.28974 of 2026(2) dt.06-05-2026
2/2
police. The witnesses of the seizure list are police personnel and
police has not complied Section 105 of BNSS while preparing
seizure list. Moreover, he is languishing in judicial custody
since 23.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Dalmia Nagar P.S. Case No. 51 of 2026 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge Excise Court-I, Rohtas at Sasaram.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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