PINTU KUMARversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40439 of 2026
                        Arising Out of PS. Case No.-158 Year-2025 Thana- JALE District- Darbhanga
                 ======================================================
                 PINTU KUMAR Son of Pramod Sah Resident of village Nagardiha PS Jale
                 District Darbhanga
                                                                      ... ... Petitioner/s
                                            Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kumar Praveen, Advocate
                 For the Opposite Party/s :        Mr. Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   01-07-2026                    Heard Mr. Kumar Praveen, learned Advocate for the

                   petitioner and learned Additional Public Prosecutor for the

                   State.

                                2. The petitioner apprehends his arrest in connection

                   with Jale P.S. Case No. 158 of 2025, registered for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. Acting on a tip off regarding illegal trade of illicit

                   wine, the police intercepted a pickup van bearing registration

                   no. BR06GA5519 and in course of such total 1141.920 liters of

                   Nepali country made saufi liquor and beer were recovered. The

                   FIR has been instituted against the unknown persons along with

                   the owner of the pickup van. When the owner of the pickup van

                   in question has approached this Court for grant of anticipatory

                   bail, he has submitted that the vehicle in question has been sold
Patna High Court CR. MISC. No.40439 of 2026(2) dt.01-07-2026
                                            2/3




          in favor of this petitioner based upon an affidavit duly executed

          before the Notary Public, Benipatti, Madhubani. In the aforesaid

          premise the court below has summoned the petitioner in

          connection with present case and in compliance thereof the

          petitioner appeared before the Court and his signature was also

          taken in the Court before the I.O. to compare with the signature

          of sale letter.

                       4. Learned Advocate for the petitioner submitted that

          any sale of a vehicle on the basis of an agreement for sale before

          the Notary Public is impermissible in law besides he completely

          denied that he has ever put any signature on such kind of

          affidavit or deed of agreement. The Court while granting bail to

          Umesh Kumar Singh in Criminal Miscellaneous No. 7292 of

          2026 has also taken note of the fact that the Form 30 which was

          produced by the alleged owner of the pickup van does not

          contain the signature of the petitioner. The petitioner has

          nothing to do with the pickup van in any of the manner and

          moreover, he has never been indulged in such kind of offenses

          prior to the present offense. The petitioner bears fair antecedent.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submits that

          signature of the petitioner in the agreement in the sale deed
          Patna High Court CR. MISC. No.40439 of 2026(2) dt.01-07-2026
                                                      3/3




                    clearly suggests his involvement.

                                 6. Regard being had to the submissions made on

                    behalf of the parties and considering the nature of allegation and

                    the materials available on record besides the fact that the

                    petitioner has no concern with the pickup van in question from

                    where the recovery has been made, let the petitioner above

                    named be released on bail, in the event of his arrest or surrender

                    before the court below within a period of four weeks from the

                    date of receipt/production of a copy of this order, upon

                    furnishing bail bonds of Rs.10,000/- (ten thousand) with two

                    sureties of the like amount each to the satisfaction of the learned

                    Incharge Special Judge-I (Excise Act), Darbhanga in connection

                    with Jale P.S. Case No. 158 of 2025, subject to the conditions

                    laid down in Section 482(2) of the Bharatiya Nagrik Suraksha

                    Sanhita, 2023, with the further condition that one of the bailors

                    shall be the own/close family members of the petitioner.



                                                (Harish Kumar, J)
sumit/-

U