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Patna High Court

Pintu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner as the recovery of illicit liquor was not prima facie linked to his possession.

Summary

The petitioner, Pintu Kumar, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 55 litres of liquor recovered from a motorcycle. The petitioner contended that the liquor was not in his possession and that his name was mentioned only based on a co-accused's statement. The State opposed his bail application. The court examined whether there was prima facie evidence linking the petitioner to the recovered liquor. Finding that the recovery was not directly connected to the petitioner’s possession, the court ordered his release on bail subject to a bond and sureties, and conditions under Sections 438(2) of the Cr.P.C. and 482(2) of the BNSS. The bail was granted pending trial in the Special Excise Court.

Issues considered

  • Whether the petitioner’s arrest and detention are justified in the absence of prima facie possession of illicit liquor.
  • Whether bail should be granted under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS given the facts.

Legislation cited

Subjects

  • bail
  • illegal liquor
  • prohibition act
  • prima facie possession
  • excise
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44802 of 2026
                  Arising Out of PS. Case No.-104 Year-2026 Thana- MITHANPURA District- Muzaffarpur
                 ======================================================
                 Pintu Kumar S/O Upendra Sahani R/O Village- Chaturi Punas, P.S.-
                 Ahiyarpur, Distt.- Muzaffarpur
                                                                    ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shashank Shekhar, Adv
                 For the Opposite Party/s :      Mr. Gauri Shankar Gupta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   07-07-2026                  Heard the parties.

                                   2. The accused/petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Mithanpura P.S. Case

                   No.104/2026 registered for the offences punishable under

                   Section 30 (a) of the Bihar Prohibition and Excise Act.

                                   3. The allegation against the petitioner is to be

                   engage in illegal trading/manufacturing of illicit liquor, where,

                   there is recovery of 55 litres of IMFL/country made liquor.

                                   4. Learned counsel appearing on behalf of the

                   petitioner submitted that recovery of illicit liquor was made from

                   the motorcycle, which is not connected in any manner with

                   petitioner and the name of this petitioner surfaced on the basis of

                   disclosure made by apprehended co-accused Gareeb Kumar. It is

                   submitted that recovery was not made from conscious physical
               Patna High Court CR. MISC. No.44802 of 2026(2) dt.07-07-2026
                                                           2/2




                         possession of the petitioner, who is a man of clean antecedent.

                                         5. Learned APP, opposes the prayer for bail.

                                         6. In view of aforesaid facts and circumstances as

                         mentioned above as recovery of illicit liquor prima-facie not

                         appears to be made from the physical possession of this

                         petitioner, accordingly the petitioner above named, in the event

                         of his arrest or surrender before the learned trial court within a

                         period of four weeks, is directed to be released on bail, furnishing

                         bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two

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

                         Special Judge Excise Court No. III, Muzaffarpur/concerned trial

                         court where the case is pending in connection with Mithanpura

                         P.S. Case No.104/2026 subject to the conditions as laid down

                         under Section 438(2) of the Cr.P.C./ Section 482(2) of the

                         BNSS.


                                               (Chandra Shekhar Jha, J)
S.Tripathi/-

U       T


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