Patna High Court
Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners.
Summary
The petitioners, Pintu Kumar and Vikas Kumar, were arrested in connection with a case alleging recovery of 140 litres of liquor from a motorcycle, invoking Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. They contended that they were not the owners of the motorcycle, had no possession of the liquor, and possessed no criminal antecedents. The State opposed bail, while the petitioners argued that no incriminating material was found on them and that Section 103 of the BNSS, 2023 had not been complied with. The Court, noting the petitioners' clean record, the lack of direct evidence linking them to the liquor, and the length of their custody, decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioners accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act in the absence of direct incriminating material and with clean antecedents
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- excise
- prohibition
- Section 30(a)
- Section 32(3)
- Bihar Prohibition and Excise Act
- BNSS 2023
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6379 of 2026
Arising Out of PS. Case No.-899 Year-2025 Thana- EXCISE MASAUDHI District- Patna
======================================================
1. Pintu Kumar S/O Late Mahesh Manjhi R/O Vill - Punpun, Alauddinchak,
P.S- - Punpun,Dist- Patna
2. Vikas Kumar S/O Sri Kailash Manjhi R/O Vill - Tineri, P.S- - Masaurhi,Dist-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners seek bail in connection with Excise
Masaurhi PS Case No. 899 of 2025 instituted for the offences
under Section/s 30(a) & 32(3) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 140 liters
liquor was recovered from motorcycle.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioners have
Patna High Court CR. MISC. No.6379 of 2026(2) dt.02-02-2026
2/2
got no concern with the alleged recovery of liquor. It is
submitted that petitioners are not the owner of the motorcycle in
question and they have no concern with the same. The
petitioners are in custody since 22.12.2025 and have got no
criminal antecedent/s. There is no compliance of Section 103 of
the BNSS, 2023.
5. Learned A.P.P. 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, clean antecedent of the petitioners and 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 on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise Masaurhi PS
Case No. 899 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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