Sintu Kumar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33509 of 2026

Arising Out of PS. Case No.-557 Year-2026 Thana- Excise P.S. District- Bhagalpur

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Sintu Kumar S/o Chamru Roy @ Chamru Ray R/V Chamatha Laxmantol @ Chamatha Laxmantola, ward no.8, PS- Bachhwara, District- Begusarai

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Mr. Umanath Mishra, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 14-05-2026

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Heard Mr. Anuj Kumar, learned counsel for the petitioner and Mr. Umanath Mishra, learned APP for the State.

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Petitioner seeks bail, who is in custody since 09.04.2026, in connection with Excise (Sadar) Bhagalpur P.S. Case No. 557 of 2026, F.I.R. dated 08.04.2026 registered for the offences punishable under Sections 30(a) and 47 of the Bihar Prohibition & Excise Act, 2016.

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Recovery is of 788.040 litres of Indian made foreign liquor.

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Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner

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Patna High Court CR. MISC. No.33509 of 2026(2) dt.14-05-2026 2/3

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rather recovery has been made from the vehicle in question and the petitioner is not the owner of the vehicle in question and altogether 788.040 litres of Indian made foreign liquor was recovered from the vehicle in question. It appears from the seizure list that the seizure list witnesses are Bihar Home Guard personnel so there is non-compliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 09.04.2026.

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The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedents and nothing has been recovered from the conscious possession of the petitioner and there is non-compliance of Sections 103 and 105 of the BNSS, 2023, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-I, Bhagalpur, in connection with Excise (Sadar) Bhagalpur P.S. Case No. 557 of 2026, subject to the following conditions :-

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(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

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Patna High Court CR. MISC. No.33509 of 2026(2) dt.14-05-2026 3/3

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and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. 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.

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(Rajesh Kumar Verma, J)

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Ibrar//-

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U T

Sintu Kumar v. The State of Bihar

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Sintu Kumar v. The State of Bihar

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