Patna High Court
Pintu Kumar @ ChirgojarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Petitioner Pintu Kumar was arrested on 9 March 2026 in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2018 for alleged possession of 115.80 litres of country-made liquor seized from two motorcycles. The petitioner claimed he had no conscious possession of the liquor and that his name was implicated only through a co‑accused’s statement, also alleging non‑compliance of Sections 103 and 105 of the BNSS, 2023 during the seizure. The State opposed bail, highlighting that the petitioner has seven other criminal cases, six of which are already on bail. The Court, noting the lack of direct possession and procedural lapses, 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 criminal antecedents. The order directed that the bail bond not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2018 given the absence of conscious possession of the seized liquor.
- Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS, 2023 warrants denial of bail.
- Whether the petitioner’s prior criminal antecedents and pending cases affect the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- possession
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30780 of 2026
Arising Out of PS. Case No.-81 Year-2026 Thana- BUXAR District- Buxar
======================================================
Pintu Kumar @ Chirgojar S/o Late Tuntun Sah R/o vill - Maruti Colony, P.S.-
Buxar (Ind), Distt- Buxar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Kamal Deo Sharma, Advocate
For the State : Mrs. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-05-2026 Heard Dr. Kamal Deo Sharma, learned counsel for
the petitioner and Mrs. Suman Kumari Singh, learned APP for
the State.
2. Petitioner seeks bail, who is in custody since
09.03.2026, in connection with Buxar (Town) P.S. Case No. 81
of 2026, F.I.R. dated 08.02.2026 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition &
Excise Amendment Act 2018.
3. Recovery is of 115.80 litres of country made liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the name of the petitioner
has been transpired on the basis of disclosure made by co-
accused person, namely, Rahul Kmar Yadav. It appears from the
Patna High Court CR. MISC. No.30780 of 2026(2) dt.06-05-2026
2/3
F.I.R. that nothing has been recovered from the conscious
possession of the petitioner rather recovery has been made from
two motorcycles in question and petitioner has no role at all in
the present occurrence and it appears from the seizure list that
the seizure list witnesses are Bihar Home Guard personnel so
there is non-compliance of Sections 103 and 105 of BNSS, 2023
and the petitioner is in custody since 09.03.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries seven more
cases other than the present one but fairly submits on the basis
of paragraph-3 of the bail petition that out of seven cases, the
petitioner is on bail in six cases and one case is pending for
consideration before the competent court of law.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner and there is non-compliance of
Sections 103 and 105 of the BNSS, 2023, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge, Excise Court No. 1, Buxar in connection with Buxar
Patna High Court CR. MISC. No.30780 of 2026(2) dt.06-05-2026
3/3
(Town) P.S. Case No. 81 of 2026, subject to the following
conditions :-
(1) Petitioner 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.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Ibrar//-
U T
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