Patna High Court

Pintu Kumar @ Yogendra PrasadversusThe State of Bihar

Decided: 3 June 2026
Disposal: BAIL REJECTED
Bench: ANSHUMAN

Holding

The Court denied anticipatory bail to the petitioner.

Summary

The petitioner, Pintu Kumar, filed an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 involving the alleged seizure of 330 litres of country‑made liquor. The petitioner claimed innocence, asserted that no liquor was found in his possession, and offered to comply with any bail conditions, but the prosecution highlighted his 14 pending criminal cases. The State opposed the bail, emphasizing the petitioner’s unclean antecedents. The Court considered the petitioner’s criminal history and the seriousness of the alleged offence and rejected the anticipatory bail application. However, the Court indicated that regular bail could be considered if the petitioner surrenders within four weeks, without prejudice to this order.

Issues considered

Whether anticipatory bail under Section 482 of the BNSS, 2023 should be granted to a person with multiple pending criminal cases in a liquor seizure case.
Whether the petitioner’s alleged lack of possession of the seized liquor negates the need for anticipatory bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)

Subjects

anticipatory bail
criminal antecedents
excise law
prohibition act
Section 482
BNSS 2023
Bihar Prohibition Act
bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36131 of 2026
                       Arising Out of PS. Case No.-84 Year-2026 Thana- TILAUTHU District- Rohtas
                 ======================================================
                 Pintu Kumar @ Yogendra Prasad S/o Durga Prasad Resident of Village –
                 Tilauthu, P.S.- Tilauthu, District - Rohtas, Bihar
                                                                           ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jai Prakash Singh, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   03-06-2026                  The Court proceeding is being conducted through

                   virtual mode.

                                2. Heard learned Counsel for the petitioner and

                   learned APP for the State.

                                3. The present criminal miscellaneous application has

                   been filed under Section 482 of the Bharatiya Nagarik Suraksha

                   Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for

                   grant of anticipatory bail to the petitioner who apprehends arrest

                   in connection with Tilauthu P.S. Case No. 84 of 2026, lodged on

                   08.04.2026, under Section 30(a) of the Bihar Prohibition and

                   Excise (Amendment) Act, 2022, pending in the Court of learned

                   Exclusive Special Judge Excise, Court No. II, Rohtas, Sasaram.

                                4. As per the prosecution, total recovery of 330 litres

                   of country made liquor has been made which is the subject

                   matter of the present case.
           Patna High Court CR. MISC. No.36131 of 2026(2) dt.03-06-2026
                                                       2/2




                                  5. Learned Counsel for the petitioner submits that the

                     petitioner is innocent and has committed no offence. Counsel

                     submits that antecedent of the petitioner is not clean. There are

                     14 criminal cases pending against him in which he is on bail.

                     Counsel submits that nothing has been recovered from the

                     conscious possession of the petitioner and the petitioner has no

                     concern with the alleged seized liquor. Counsel submits that the

                     petitioner is ready to fulfill all the conditions whatsoever shall

                     be imposed upon him.

                                  6. Learned APP for the State opposes the prayer for

                     bail of the petitioner and submits that antecedent of the

                     petitioner is not clean and there are 14 criminal cases pending

                     against him.

                                  7. Considering the criminal antecedents of the

                     petitioner, the prayer for anticipatory bail of the petitioner is

                     hereby rejected. However, in the event of surrender of the

                     petitioner within four weeks from today, the prayer for regular

                     bail shall be considered without being prejudiced by the order of

                     this Court.

                                                                      (Dr. Anshuman, J)
Mkr./Bipin/-

U      T

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