Patna High Court
Sintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Sintu Kumar, was arrested on 9 April 2026 in connection with an excise case involving the seizure of 788.040 litres of Indian-made foreign liquor from a vehicle. He contended that the liquor was not recovered from his conscious possession, that he is not the vehicle's owner, and that he has a clean criminal record. The petitioner also argued that the seizure was conducted by Bihar Home Guard personnel, violating Sections 103 and 105 of the Bihar Non‑Compliance and Seizure Statute (BNSS), 2023. The State opposed bail, but the court, noting the lack of direct possession, the petitioner’s clean antecedents, and the alleged procedural lapses, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding trial cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was made without delay for antecedent verification.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the excise offences and the circumstances of seizure.
- Whether the alleged non‑compliance with Sections 103 and 105 of BNSS, 2023, warrants bail.
- Whether the petitioner’s lack of conscious possession and clean antecedents justify release on bail.
Legislation cited
- Bihar Non‑Compliance and Seizure Statute (BNSS), 2023 — s. 103, 105
- Bihar Prohibition & Excise Act, 2016 — s. 30(a), 47
Subjects
- bail
- excise law
- seizure
- procedural compliance
- criminal antecedent
- Indian-made foreign liquor
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33509 of 2026
Arising Out of PS. Case No.-557 Year-2026 Thana- Excise P.S. District- Bhagalpur
======================================================
Sintu Kumar S/o Chamru Roy @ Chamru Ray R/V Chamatha Laxmantol @
Chamatha Laxmantola, ward no.8, PS- Bachhwara, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 14-05-2026 Heard Mr. Anuj Kumar, learned counsel for the
petitioner and Mr. Umanath Mishra, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
09.04.2026, in connection with Excise (Sadar) Bhagalpur P.S.
Case No. 557 of 2026, F.I.R. dated 08.04.2026 registered for the
offences punishable under Sections 30(a) and 47 of the Bihar
Prohibition & Excise Act, 2016.
3. Recovery is of 788.040 litres of Indian made
foreign liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that it
appears from the F.I.R. as well as seizure list that nothing has
been recovered from the conscious possession of the petitioner
Patna High Court CR. MISC. No.33509 of 2026(2) dt.14-05-2026
2/3
rather recovery has been made from the vehicle in question and
the petitioner is not the owner of the vehicle in question and
altogether 788.040 litres of Indian made foreign liquor was
recovered from the vehicle in question. 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 09.04.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedents and
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 Excise Judge-I,
Bhagalpur, in connection with Excise (Sadar) Bhagalpur P.S.
Case No. 557 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
Patna High Court CR. MISC. No.33509 of 2026(2) dt.14-05-2026
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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//-
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