Patna High Court
Pintu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioners, subject to bond and conditions, finding no sufficient ground to deny bail.
Summary
The petitioners, Pintu Singh and Sumit Kumar, were arrested on the spot after 99 litres of liquor were recovered from a tempo, and were charged under Section 30(a) of the Bihar Prohibition and Excise Act. They applied for bail, contending that they had no knowledge of the contraband, were merely a driver and a passenger, and that no incriminating material was found in their possession. The State opposed the bail, but the court noted the petitioners' clean antecedents, the length of their pre‑trial custody since 12‑12‑2025, and the lack of compliance with Section 103 of the B.N.S.S., 2023. Considering these factors, the court inclined to grant bail, imposing a bond of Rs.15,000 each with two sureties and specific conditions for petitioner No. 1. The bail order was issued subject to the petitioners appearing on all trial dates, with the possibility of cancellation on default.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case
- Whether the lack of incriminating material and clean antecedent justify bail despite the seriousness of the excise offence
- Whether compliance with Section 103 of the B.N.S.S., 2023 is required for bail in this context
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- excise offence
- liquor seizure
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8447 of 2026
Arising Out of PS. Case No.-1357 Year-2025 Thana- EXCISE KAHALGAON District-
Bhagalpur
======================================================
1. Pintu Singh Son of Vinod Ram R/o Vill.- Sabour Bazar Ward No.- 4, P.S.-
Sabour, Dist.- Bhagalpur
2. Sumit Kumar Son of Chotu Mandal @ Chhuto Mandal R/o Vill.- Sabour
Bazar Ward No.- 4, P.S.- Sabour, Dist.- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajive Ranjan Singh, Advocate
For the Opposite Party/s : Mrs.Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in Excise (Kahalgaon) P.S.
case No. 1357 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 99 liters liquor
was recovered from tempo and the petitioners were arrested on
spot.
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
Patna High Court CR. MISC. No.8447 of 2026(2) dt.11-02-2026
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have got no concern with the alleged recovery of liquor. It is
further submitted that petitioner No. 1 is driver and petitioner
No. 2 was sitting by the side of the driver and they had no
knowledge regarding the nature of goods kept in vehicle. The
petitioners are in custody since 12.12.2025 and have got no
criminal antecedent. There is no compliance of Section 103 of
B.N.S.S., 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 and the period of custody
undergone by the petitioners, this Court is inclined to grant bail
to the petitioners.
7. Let both 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
(Kahalgaon) P.S. case No. 1357 of 2025, subject to the
following conditions to petitioner No. 1:
(I) One of the bailors shall be own/close member of
the family of the petitioner No. 1.
(II) The petitioner No. 1 shall appear on each and
Patna High Court CR. MISC. No.8447 of 2026(2) dt.11-02-2026
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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 No. 1.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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