Patna High Court
Sintu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Sintu Kumar, sought bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 169.125 litres of illicit foreign liquor. The prosecution alleged that the petitioner was part of a group carrying the liquor and fled when police approached, while the petitioner claimed he was neither the owner nor driver and was falsely implicated. He also contended that the seizure was not made in compliance with Section 105 of the BNSS and that he had been in judicial custody since 9 March 2026. The State opposed bail, highlighting six prior criminal cases, three of which were of a similar nature. After hearing both sides, the court granted bail on the condition of a Rs.10,000 bond, two sureties of equal amount, a guarantee that the petitioner will not commit similar offences, and that a near relative act as bailor.
Issues considered
- Whether bail can be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act despite alleged involvement in illicit liquor seizure.
- Whether the alleged non‑compliance with Section 105 of the BNSS in the seizure process affects the grant of bail.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- illicit liquor
- prohibition and excise
- Section 30(a)
- Section 105
- procedural lapse
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29014 of 2026
Arising Out of PS. Case No.-320 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
Sintu Kumar S/o Preman Yadav R/o Village- Purni Bathan, Police Station-
Fatehpur, District- Gaya ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Prakash Singh, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, 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 bail in connection with
Mufassil P.S. Case No. 320 of 2025 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and Excise
Act.
3. The case of the prosecution, in short, is that the police
had information that the petitioner, along with others, was carrying
illicit liquor in a car. It is alleged that the petitioner fled away
seeing the police leaving the car, and from the said car, altogether
169.125 liters of illicit foreign liquor was recovered.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. He further
submits that the petitioner is neither the owner nor the driver of the
alleged car. The name of the petitioner has surfaced only on the
Patna High Court CR. MISC. No.29014 of 2026(2) dt.06-05-2026
2/2
basis of information provided by the police. It is further submitted
that the witnesses to the seizure list are police personnel and the
police have not complied with Section 105 of the BNSS while
making the seizure. Moreover, the petitioner is languishing in
judicial custody since 09.03.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of six cases out of which three cases are of similar
nature.
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 with the condition that
the petitioner shall not indulge himself in similar nature of
offences in future, shall cooperate in trial and one of the bailor
shall be his near relative. The above named petitioner is directed
to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs.
ten thousand only) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge, Excise-I, Gaya
Ji in connection with Mufassil P.S. Case No. 320 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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