Patna High Court

Mintu KumarversusThe State Of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court inclined to grant bail, ordering the petitioner’s release on bond with conditions.

Summary

Mintu Kumar was arrested after 2709 litres of liquor were recovered from a pick‑up vehicle and charged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. He contended that he was merely a passenger, not the owner or driver, and had no knowledge of the contraband, asserting that no incriminating material was found on his person. The petitioner also highlighted a prior criminal antecedent for which he was out on bail and the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the Court, considering the circumstances and the period of custody, decided to grant bail. The order released the petitioner on a bail bond of Rs.15,000 with two sureties, subject to conditions regarding family surety and regular appearance before the trial court.

Issues considered

Whether bail should be granted to the accused under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.
Whether the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Whether the accused poses a risk of fleeing or tampering with evidence.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
criminal procedure
Section 103
Bihar
liquor seizure
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91389 of 2025
                         Arising Out of PS. Case No.-220 Year-2025 Thana- BIND District- Nalanda
                 ======================================================
                 Mintu Kumar Son of Upendra Yadav Resident of Village - Dhorharhi P.S-
                 Chandi Dist- Nalanda

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Gautam, Advocate
                 For the Opposite Party/s :        Mr. Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Bind

                   P.S. Case No. 220 of 2025, instituted for the offences punishable

                   under Sections 30(a) and 41(1) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that 2709 liters

                   liquor was recovered from pick-up vehicle and the petitioner

                   was arrested on spot.

                                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
Patna High Court CR. MISC. No.91389 of 2025(2) dt.19-01-2026
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          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submits that the petitioner is neither

          owner nor driver of the vehicle in question rather he took lift

          from the driver of that vehicle and he has got no knowledge

          with regard to the nature of goods loaded in the vehicle. The

          petitioner is in custody since 23.11.2025 and has got one

          criminal antecedent 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 Bind P.S. Case No.

          220 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
             Patna High Court CR. MISC. No.91389 of 2025(2) dt.19-01-2026
                                                         3/3




                       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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