Patna High Court
Pintu SoniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court grants bail to the petitioners subject to the stipulated conditions.
Summary
The petitioners, Pintu Soni and Govind Gupta, were arrested in connection with the recovery of 140 litres of illicit country-made liquor from two e‑rickshaws, alleged to violate Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act. They contended that they were falsely implicated, that no contraband was found in their possession, and that they had no prior criminal record. The State opposed bail, while the petitioners argued that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, had not been complied with. The court, considering the length of custody and the lack of incriminating evidence, decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one surety being a close family member, and strict compliance with appearance requirements, with the possibility of cancellation on default.
Issues considered
- Whether bail should be granted to the petitioners accused under the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail.
- Whether the petitioners' claim of false implication and lack of possession of the illicit liquor warrants bail.
Legislation cited
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4641 of 2026
Arising Out of PS. Case No.-3664 Year-2025 Thana- Excise P.S. District- Patna
======================================================
1. Pintu Soni Son of Om Prakash Resident of Village- Mahajpura, P.S.-
Bikram, District- Patna
2. Govind Gupta Son of Om Prakash Resident of Village- Mahajpura, P.S.-
Bikram, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Kameshwar Singh, Advocate
For the Opposite Party : Mrs. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Special
Case No. 4083/2025 in Excise Patna P.S. Case No. 3664/2025
instituted for the offences punishable under Sections 30(a), 41
and 56(b) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 140 litres
of illicit country-made liquor was recovered from two e-
rickshaw.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
No incriminating article has been recovered from the conscious
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possession of the petitioners. Learned counsel further submitted
that petitioners are owner-cum-driver of the vehicles in question
but he had no knowledge regarding the goods loaded in the
vehicle. The petitioners are in custody since 29.11.2025 and has
no criminal antecedent. There is no compliance of Section 103
of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) each with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Special Case No.
4083/2025 in Excise Patna P.S. Case No. 3664/2025, subject to
the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners shall appear on each and every
date fixed at the trial. In case of default in such appearance on
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two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
atul/-
U T
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