Patna High Court
Pintu Kumar @ Maigar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner, directing release upon furnishing a bond with two sureties.
Summary
The petitioner, Pintu Kumar, was charged under Section 30(a) of the Excise Act for the alleged recovery of 82 litres of liquor from a bush adjacent to his house. He has twelve prior cases, seven of which are under the Excise Act, and has been in custody since 21‑05‑2026. The petitioner argued that he was not arrested at the spot, no liquor was found in his possession, and that the case was instigated by a hostile watchman, suggesting a biased investigation. The State opposed the bail application. The court, after considering these submissions, ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, pending further trial. The bail application was therefore allowed.
Issues considered
- Whether bail should be granted to a person charged under Section 30(a) of the Excise Act when no liquor is found in his possession and the arrest is alleged to be based on a hostile informant.
- Whether the petitioner’s prior criminal record, including multiple Excise Act cases, precludes the grant of bail.
Legislation cited
- Excise Act — s. 30(a)
Subjects
- bail
- Excise Act
- Section 30(a)
- liquor seizure
- police investigation
- prior criminal record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43373 of 2026
Arising Out of PS. Case No.-14 Year-2026 Thana- NARHATT District- Nawada
======================================================
Pintu Kumar @ Maigar Yadav Son of Baleshwar Yadav @ Baleshwar Prasad
Yadav @ Baleshwar Prasad Resident of Village- Hazidhab, P.S.- Narhat,
District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar
For the Opposite Party/s : Mr.Prem Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-07-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of twelve cases out of which seven
cases are under the Excise Act and is in custody since
21.05.2026 and allegation is of recovery of 82 litres of liquor
from a bush near the house of the petitioner.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a place, which does not belong to the
Patna High Court CR. MISC. No.43373 of 2026(2) dt.03-07-2026
2/2
petitioner, but then is adjacent to his house and he came to be
implicated at the instance of Chaukidar with whom he is on an
inimical term. It is next submitted that police in majority of
cases implicating innocent persons either at the behest of
Chaukidar, local person, secret information and confessional
statement in a mechanical manner without holding a proper
investigation.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, is
directed to be released on regular bail on his furnishing bail-
bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Trial Court where the case is pending/successor Court in
connection with Narhat P. S. Case No.14 of 2026.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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