Patna High Court

Pintu Yadav @ Pintu KumarversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court inclined to grant bail to the petitioner, subject to bond and conditions.

Summary

The petitioner, Pintu Yadav, was arrested in connection with a case alleging possession of 425 litres of liquor recovered from two tempos, invoking Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was neither the owner nor driver of the tempos, that no incriminating material was found in his possession, and that his arrest was based solely on suspicion. The State opposed bail, while the petitioner highlighted his three prior criminal antecedents, his custody since 24-11-2025, and the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. After considering these facts, the Court found the circumstances sufficient to grant bail. The Court ordered the petitioner to be released on a bail bond of Rs. 15,000 with two sureties, imposing conditions regarding family surety and appearance in court. The bail may be cancelled if the petitioner defaults on two consecutive court dates.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
Whether the arrest and continued custody complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
liquor seizure
suspicion arrest
Section 30(a)
Section 103
criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8229 of 2026
                       Arising Out of PS. Case No.-238 Year-2025 Thana- TANKUPPA District- Gaya
                 ======================================================
                 Pintu Yadav @ Pintu Kumar S/o Karu Yadav @ Surendra Yadav @ Surendra
                 Prasad R/o Village- Khabra, PS- Tenkuppa, Distt.- Gaya
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Tankuppa P.S. Case No. 238 of 2025, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that 425 liters

                   liquor was recovered from two tempo.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel

                   for the petitioner also submitted that the petitioner is neither

                   owner nor driver of any of the tempo in question rather he has
             Patna High Court CR. MISC. No.8229 of 2026(2) dt.10-02-2026
                                                         2/2




                       been arrested only on the basis of suspicion. The petitioner is in

                       custody since 24.11.2025 and has got three criminal antecedents

                       in which he is on bail. There is no compliance of Section 103 of

                       the Bharatiya Nagarik Suraksha Sanhita, 2023.

                                    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 and the period of custody undergone by the

                       petitioner, this Court is inclined to grant bail to the petitioner.

                                    7. Let the petitioner be released on bail on furnishing

                       bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Tankuppa P.S. Case

                       No. 238 of 2025, subject to the following conditions:

                                    (I) One of the bailors shall be own/close member of

                       the family of the petitioner.

                                    (II) The petitioner shall appear on each and every date

                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.


                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-
U      T

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