Created by Fuzzy Cloud

Patna High Court

Amit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to monetary sureties and conditions of appearance.

Summary

The petitioner, Amit Kumar, was arrested in connection with a case alleging possession of 156.6 litres of liquor, violating Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was merely the driver of the vehicle, not its owner, had no knowledge of the contraband, and that no incriminating article was found in his personal possession. The petitioner also highlighted his clean record and the alleged non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offence. Considering the lack of direct evidence against the petitioner, his custody duration, and the statutory safeguards, the Court granted bail subject to monetary sureties and conditions of appearance. The bail order required two sureties of Rs.15,000 each and stipulated cancellation if the petitioner missed two consecutive court dates.

Issues considered

  • Whether bail should be granted to the accused under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the absence of the incriminating article in the accused's personal possession and his role as driver negate the likelihood of his fleeing or tampering with evidence.
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 warrants denial of bail.

Legislation cited

Subjects

  • bail
  • liquor seizure
  • false implication
  • possession
  • Bharatiya Nyaya Sanhita
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarika Suraksha Sanhita
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10095 of 2026
                   Arising Out of PS. Case No.-573 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
                 ======================================================
                 Amit Kumar S/o Shatrughan Sharma @ Shatrudhan Sharma @ Shatrudhan
                 Kumar R/o Village- Hulesra Bhagwanpur Halt, P.S- Siwan, Dist- Siwan, At
                 present R/o Village- Hulesra, P.S- Bhagwanpur Halt, Dist- Siwan



                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bijay Prakash Singh, Advocate
                 For the Opposite Party/s :      Mr. Narsingh Tanti, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Kuchaikote P.S. Case No. 573 of 2025 instituted for the offences

                   punishable under Sections 317(5) of the Bharatiya Nyaya

                   Sanhita, 2023 and 30(a) of the Bihar Prohibition and Excise

                   Act.

                               3. The prosecution case, in short, is that total 156.600

                   litres of liquor was recovered from car.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No
Patna High Court CR. MISC. No.10095 of 2026(2) dt.19-02-2026
                                            2/3




          incriminating article has been recovered from the conscious

          possession of the petitioner. Learned counsel further submitted

          that petitioner is not the owner of the vehicle. It is further

          submitted that petitioner is the driver of the vehicle in question

          but he had no knowledge regarding the goods loaded in the

          vehicle. The petitioner is in custody since 24.12.2025 and has no

          criminal antecedent. There is no compliance of Section 103 of

          the Bharatiya Nagarika 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 Kuchaikote P.S. Case

          No. 573 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

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.10095 of 2026(2) dt.19-02-2026
                                                       3/3




                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.