Pintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40439 of 2026 Arising Out of PS. Case No.-158 Year-2025 Thana- JALE District- Darbhanga ====================================================== PINTU KUMAR Son of Pramod Sah Resident of village Nagardiha PS Jale District Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Praveen, Advocate For the Opposite Party/s :
Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 01-07-2026 Heard Mr. Kumar Praveen, learned Advocate for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Jale P.S. Case No. 158 of 2025, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Acting on a tip off regarding illegal trade of illicit wine, the police intercepted a pickup van bearing registration no. BR06GA5519 and in course of such total 1141.920 liters of Nepali country made saufi liquor and beer were recovered. The FIR has been instituted against the unknown persons along with the owner of the pickup van. When the owner of the pickup van in question has approached this Court for grant of anticipatory bail, he has submitted that the vehicle in question has been sold
Patna High Court CR. MISC. No.40439 of 2026(2) dt.01-07-2026 2/3 in favor of this petitioner based upon an affidavit duly executed before the Notary Public, Benipatti, Madhubani. In the aforesaid premise the court below has summoned the petitioner in connection with present case and in compliance thereof the petitioner appeared before the Court and his signature was also taken in the Court before the I.O. to compare with the signature of sale letter.
4. Learned Advocate for the petitioner submitted that any sale of a vehicle on the basis of an agreement for sale before the Notary Public is impermissible in law besides he completely denied that he has ever put any signature on such kind of affidavit or deed of agreement. The Court while granting bail to Umesh Kumar Singh in Criminal Miscellaneous No. 7292 of 2026 has also taken note of the fact that the Form 30 which was produced by the alleged owner of the pickup van does not contain the signature of the petitioner. The petitioner has nothing to do with the pickup van in any of the manner and moreover, he has never been indulged in such kind of offenses prior to the present offense. The petitioner bears fair antecedent.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that signature of the petitioner in the agreement in the sale deed
Patna High Court CR. MISC. No.40439 of 2026(2) dt.01-07-2026 3/3 clearly suggests his involvement.
6. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation and the materials available on record besides the fact that the petitioner has no concern with the pickup van in question from where the recovery has been made, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Incharge Special Judge-I (Excise Act), Darbhanga in connection with Jale P.S. Case No. 158 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) sumit/- U