Patna High Court
Amrit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a bail bond and conditions.
Summary
The petitioner, Amrit Kumar, was implicated in a case (Akbarnagar P.S. Case No. 03 of 2026) under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged involvement in the recovery of 94.186 litres of illicit liquor. The petitioner claimed innocence, stating that no liquor was recovered from his possession and that he has a clean criminal record. The State opposed his request for anticipatory bail. The High Court, after hearing both sides, granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs 30,000 under Section 2(1)(d) of the BNSS, 2023, subject to conditions under Section 482(2) of the same Act. The Court also directed the Trial Court to verify the petitioner’s criminal antecedent and to cancel the bail bond if any concealment is discovered.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner satisfies the criteria for anticipatory bail despite the recovery of illicit liquor.
- What conditions should be imposed on the anticipatory bail under the BNSS, 2023.
Legislation cited
- BNSS, 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15786 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- AKBARNAGAR District- Bhagalpur
======================================================
Amrit Kumar Son of Bulli @ Bulbul Choudhry @ Bulbul Choudhary R/o
Village - Shriampur, P.S. - Akbarnagar, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ankit Raj, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Akbarnagar P.S. Case No. 03 of 2026, dated 04.01.2026,
lodged under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. As per the prosecution, total recovery of 94.186
litres of illicit liquor has been made, which is the subject matter
of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He further
submits that nothing has been recovered from the possession of
the petitioner. Furthermore, he submits that the criminal
antecedent of the petitioner is clean.
Patna High Court CR. MISC. No.15786 of 2026(2) dt.25-03-2026
2/2
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Additional Sessions Judge IX cum Special Judge
Excise I, Bhagalpur, in connection with Akbarnagar P.S. Case
No. 03 of 2026, subject to the conditions as laid down U/s
482(2) of the BNSS, 2023.
7. It is further directed that the Trial Court shall verify
the criminal antecedent of the petitioner, and in case it is found
at any stage that the petitioner has concealed his criminal
antecedent, the Trial Court shall take steps for cancellation of
the petitioner’s bail bond. However, the acceptance of the bail
bond in terms of the above-mentioned order shall not be delayed
for the purpose of or in the name of verification.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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