Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to both petitioners subject to a bond and specified conditions.
Summary
Aman Kumar and Prince Kumar were arrested on 7 January 2026 in connection with an excise case involving the seizure of 184.4 litres of illicit liquor. They were charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018. The petitioners argued that the liquor was seized from a pick‑up van and not from their conscious possession, contending that they were falsely implicated and that Section 103 of the Bihar Narcotic Substances Act was not complied with. The prosecution opposed bail, noting that petitioner 2 had two prior criminal antecedents, though he was already on bail for those matters, while petitioner 1 had a clean record. The High Court, after considering the facts, granted bail to both petitioners on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence, and ordered verification of their criminal antecedents.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018.
- Whether the seizure of liquor from a vehicle, without proof of conscious possession, justifies continued detention.
- Whether non‑compliance with Section 103 of the Bihar Narcotic Substances Act warrants denial of bail.
- Impact of prior criminal antecedents of petitioner 2 on the bail application.
Legislation cited
- Bihar Narcotic Substances Act — s. 103
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 32(3)
Subjects
- bail
- excise
- illicit liquor
- seizure
- conscious possession
- criminal antecedent
- Section 30
- Section 32
- Section 103
- Bihar Prohibition and Excise Act
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16096 of 2026
Arising Out of PS. Case No.-18 Year-2026 Thana- Excise P.S. District- Aurangabad
======================================================
1. Aman Kumar S/o Dadan Singh R/o Village- Amilauna, P.S.- Jamhore, Distt.-
Aurangabad
2. Prince Kumar S/o Uday Yadav @ Uday Singh R/o vill- Tendua, P.S.-
Jamhore, Distt.- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mukul Kumari, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 11-03-2026 Heard Ms. Mukul Kumari, learned counsel for
the petitioners and Mr. Pradeep Narain Kumar, learned
Additional Public Prosecutor for the State.
2. Petitioners seeks bail who is in custody since
07.01.2026 in connection with Excise P.S. Case No. 18 of 2026,
F.I.R. dated 06.01.2026 for the offences punishable under
Section 30(a), 32(3) of the Bihar Prohibition and Excise Act,
2018.
3. Recovery is of 184.400 liters of illicit liquor.
4. Learned counsel for the petitioners submits that
petitioners are innocent and they have falsely been implicated in
the present case. She further submits that it appears from the
Patna High Court CR. MISC. No.16096 of 2026(2) dt.11-03-2026
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F.I.R. as well as seizure list that nothing has been recovered
from the conscious possession of the petitioners rather the
recovery has been made from pick-up van in question and
petitioners have been made accused merely on the basis that
petitioner no.2 is said to be driver of the said vehicle and
petitioner no.1 was found sitting on the same. She further
submits that there is non-compliance of Section 103 of BNSS
and the petitioners are in custody since 07.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners and
petitioner no.2 carries two criminal antecedent others than the
present one but fairly submits on the basis of paragraph-3 of the
bail application that the petitioner no.2 is on bail in the said
matters whereas petitioner no.1 has clean antecedent
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Special Judge Excise-II, Aurangabad in connection with Excise
P.S. Case No. 18 of 2026, subject to the following
conditions:-
i. Petitioners shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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