Pintu Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28842 of 2026 Arising Out of PS. Case No.-19 Year-2026 Thana- NUAOW District- Kaimur (Bhabua) ====================================================== 1.

Pintu Pasi Son of Shuresh Chaudhri Resident of Village and P.S.- Nuaon, District - Kaimur (Bhabua).

2.

Sonu Yadav Son of Ramashish Yadav Resident of Village - Baddaha, P.S.- Nuaon, District - Kaimur (Bhabua).

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Naveen Kumar, Advocate : Mr.Vivekanand Singh, Advocate For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-04-2026 Heard Mr. Naveen Kumar, learned counsel for the petitioners and Mr.Anant Kumar 1, learned A.P.P. for the State.

2. The petitioners seek bail, who are in custody since 14.03.2026 in connection with Nuaon P.S. Case No. 19 of 2026, F.I.R. dated 13.03.2026 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. Recovery is of 52.80 liters of country made liquor.

4. Learned counsel appearing for the petitioners submits that the petitioners have clean antecedent. Further submits that it appears from the FIR as well as the seizure list that nothing has been recovered from conscious possession of

Patna High Court CR. MISC. No.28842 of 2026(2) dt.28-04-2026 2/3 the petitioners rather the recovery has been made from the motorcycle in question and it appears from the FIR that the petitioners have thrown the liquor in question from the motorcycle in question but they are apprehended. Learned counsel for the petitioners submits that it appears from the seizure list that the seizure list witnesses are police personnel so there is non-compliance of Sections 103 and 105 of BNSS, 2023 and the petitioners are in custody since 14.03.2026.

5. Learned APP for the State has opposed the prayer for bail of the petitioners.

6. Considering the aforesaid fact and petitioners have clean antecedent, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise No.1, Kaimur at Bhabhua in connection with Nuaon P.S. Case No. 19 of 2026, with the following conditions:- (I) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.28842 of 2026(2) dt.28-04-2026 3/3 (II) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T