Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5)
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
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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
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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