Patna High Court

Pintu KumarversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The petitioner is entitled to bail as the recovery of illicit liquor was not made from his conscious physical possession.

Summary

Pintu Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly manufacturing illicit liquor, with 355.5 litres recovered from a bamboo cluster behind his house. The petitioner argued that the liquor was not in his conscious physical possession and that the seizure list was doubtful, lacking independent witness support. The State opposed the bail application. The court examined the facts and noted the absence of direct possession by the petitioner. Consequently, the court directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The bail order was directed to be complied with by the Special Judge (Excise)-II, Saharsa.

Issues considered

Whether the petitioner is entitled to bail despite the alleged illegal liquor manufacturing under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the recovery of liquor not being in the petitioner's conscious possession justifies granting bail.

Legislation cited

Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

bail
illegal liquor
prohibition act
conscious possession
Section 30
Section 438
Section 482
excise
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9860 of 2026
                    Arising Out of PS. Case No.-30 Year-2025 Thana- SIMRI BAKHTIYARPUR District-
                                                         Saharsa
                 ======================================================
                 Pintu Kumar Son of Jagdish Sah R/o Bhatauni, Ward no. 07, P.S. - Simri
                 Bakhtiyarpur and Dist. - Saharsa.
                                                                        ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sanjeev Verma
                 For the Opposite Party/s :      Mr.Md. Nazir Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   17-02-2026                      Heard the parties.

                                   2. The accused/petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Simri Bakhtiyarpur P.S.

                   Case No. 30 of 2025 registered for the offences punishable under

                   Section 30 (a) of the Bihar Prohibition and Excise Act.

                                   3. The allegation against the petitioner is to be

                   engage in illegal trading/manufacturing of illicit liquor, where,

                   there is recovery of 355.5 litres of IMFL/country made liquor.

                                   4. Learned counsel appearing on behalf of the

                   petitioner submitted that recovery of illicit liquor is made from the

                   bamboo cluster behind the house i.e., an open place easily

                   accessible by general public, where nothing recovered from the

                   conscious physical possession of the petitioner. It is also submitted

                   that seizure list appears doubtful being not supported by
               Patna High Court CR. MISC. No.9860 of 2026(2) dt.17-02-2026
                                                           2/2




                         independent witnesses rather by police personnels. While

                         concluding the argument it is submitted that petitioner found

                         involved in one more case, where he is on bail.

                                         5. Learned APP, opposes the prayer for bail.

                                         6. In view of the facts and circumstances as

                         mentioned above as recovery of illicit liquor not appears to be

                         made from the conscious physical possession of this petitioner,

                         accordingly the petitioner above named, in the event of his arrest

                         or surrender before the learned trial court within a period of four

                         weeks, is directed to be released on bail, furnishing bail bond of

                         Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the

                         like amount each to the satisfaction of the learned            Exclusive

                         Special Judge (Excise)-II, Saharsa/concerned trial court where the

                         case is pending in connection with Simri Bakhtiyarpur P.S. Case

                         No. 30 of 2025 subject to the conditions as laid down under

                         Section 438(2) of the Cr.P.C./ Section 482(2) of the BNSS.


                                               (Chandra Shekhar Jha, J)
S.Tripathi/-
U       T

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