Patna High Court

Pintu PandeyversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that anticipatory bail should be granted, subject to the stipulated bond and surety conditions, as there was no prima facie case against the petitioner.

Summary

The petitioner, Pintu Pandey, sought anticipatory bail fearing arrest in a case (PS 255 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act involving 200 litres of illicit liquor. He contended that his name was linked to the vehicle only through a statement of an apprehended person and that he had no knowledge of the liquor, no criminal antecedents, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, thus no prima‑facie case existed. The State opposed the bail. The Court, after considering the facts, ordered that the petitioner be released on anticipatory bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs 15,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the petitioner is prima facie implicated based solely on the statement of an apprehended person.
Whether the prosecution complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether the court may impose bail bond conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
false implication
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 103 compliance
Section 482(2) conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.7036 of 2026
                    Arising Out of PS. Case No.-255 Year-2025 Thana- PARANDABAR District- Nawada
                 ======================================================
                 Pintu Pandey Son of Manikant Pandey Resident of village - Lodhwey, Police
                 Station - Fatehpur, District - Gayaji
                                                                            ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Deepak Kumar, Advocate
                 For the Opposite Party/s :      Mr.Mritunjay Kumar Nirala, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   04-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Parnadabar P.S. Case No. 255 of 2025, instituted for the

                   offences under Section 30(a) of the Bihar Prohibition and Excise

                   Act.

                           3.       The prosecution case, in short, is that total 200

                   litres of country made liquor was recovered from car.

                           4.       Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case on the basis of

                   statement given by apprehended person. The name of the

                   petitioner has transpired as being owner of the vehicle in

                   question and he has no knowledge regarding the goods loaded
           Patna High Court CR. MISC. No.7036 of 2026(2) dt.04-02-2026
                                                       2/2




                     on the vehicle. The petitioner has got no concern with the

                     alleged recovery of liquor. The petitioner has no criminal

                     antecedent. There is no compliance of Section 103 of the

                     Bharatiya Nagarika Suraksha Sanhita, 2023. Learned counsel

                     for the petitioner, therefore, contends that prima-facie no case is

                     made out against the petitioner.

                             5.      Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                             6.      Considering the aforesaid facts and circumstances

                     of the case, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court             in connection with Parnadabar P.S.

                     Case No. 255 of 2025, subject to the conditions as laid down

                     under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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