Patna High Court
Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Negotiable Sale (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
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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