Patna High Court
Aman Kumar @ Rohan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
Aman Kumar petitioned the Patna High Court for anticipatory bail in connection with a case under Sections 30(a) and 32 of the Bihar Prohibition and Excise Amendment Act, 2022, after police seized 334.5 litres of English liquor and alleged that the liquor belonged to him. The petitioner argued that he was falsely implicated, was not present at the place of seizure, and that the case was based solely on his prior similar convictions. The State opposed the bail. The Court, applying its inherent powers under Section 482 of the BNSS, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and several conditions including attendance in court and verification of criminal antecedents. The order also stipulated that any breach of conditions could lead to cancellation of bail, and that the observations made would not affect the trial.
Issues considered
- Whether anticipatory bail can be granted under Section 482 of the BNSS for offences under Sections 30(a) and 32 of the Bihar Prohibition and Excise Amendment Act, 2022 despite the petitioner’s prior convictions.
Legislation cited
- BNSS — s. 482
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- liquor seizure
- prior convictions
- Section 482
- BNSS
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11106 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- BEUR District- Patna
======================================================
Aman Kumar @ Rohan Singh Son of Sachindra Singh Resident of Village-
Darbeshpura, P.S.- Saksohara, District- Patna, Bihar- 803213
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrit Abhijat, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in connection with Beur P.S. Case No. 16 of 2026 instituted for
the offences punishable under Sections 30(a), 32 of the Bihar
Prohibition and Excise Amendment Act, 2022.
3. As per the prosecution case, the police intercepted a
car, apprehended one person and total 334.5 liters of English
liquor was recovered from the vehicle. It has been alleged that
the apprehended accused person disclosed the name of this
petitioner stating that it belongs to the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated merely because he has got
two criminal antecedents of similar nature. It has further been
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submitted that the petitioner was not apprehended at the place of
occurrence nor any recovery has been made from the conscious
possession of the petitioner or from the house of the petitioner.
The petitioner has been implicated at the behest of the police.
The petitioner has got two criminal antecedents of similar
nature.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioner is
directed to 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, on
his furnishing bail bonds in the sum of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Exclusive Excise Court No. 1, Patna
in connection with Beur P.S. Case No. 16 of 2026, subject to the
conditions as laid down under Section 482 of the BNSS and
subject to the following conditions:-
(i) One of the bailors will be a close relative of the
petitioner;
(ii) the petitioner will remain present on each and
every date fixed by the Court below, if so required by the
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learned Trial Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court concerned;
(iv) 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 antecedent, the
court below shall take step for cancellation of bail bonds of the
petitioner. However, the acceptance of bail bonds in terms of the
above mentioned order shall not be delayed for purpose of the
same on in the name of verification.
(v) the Court below shall verify the criminal
antecedent of the petitioner except in cases which has been
mentioned in para-3 of the petition, registered for the offence
under Section 30A of the Bihar Prohibition and Excise Act and,
in case at any stage it is found that the petitioner has concealed
their criminal antecedents, the court below shall take step for
cancellation of bail bonds of the petitioner. However, the
acceptance of bail bonds in terms of the above mentioned order
shall not be delayed for the purpose of the same or in the name
of verification.
7. It is made clear that the observations, if any, made
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in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
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