Created by Fuzzy Cloud

Patna High Court

Aman KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Aman Kumar was arrested on 26 January 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 95 litres of illicit liquor seized from an e‑rickshaw that he does not own. The petitioner pleaded that he has a clean antecedent and that the liquor was not found in his conscious possession, arguing that the prosecution had failed to comply with Sections 103 and 105 of the BNSS, 2023. The State opposed bail. Considering the lack of direct possession, the petitioner’s clean record, and the alleged procedural lapses, the Court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order directs that any breach of conditions may lead to cancellation of the bond.

Issues considered

  • Whether bail should be granted when the seized illicit liquor was not in the petitioner’s conscious possession.
  • Whether non‑compliance of Sections 103/105 of the BNSS, 2023, warrants bail.
  • Whether the petitioner’s clean antecedent justifies release on bail despite the serious nature of the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • procedural compliance
  • BNSS 2023
  • clean antecedent
  • e‑rickshaw

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16120 of 2026
                   Arising Out of PS. Case No.-58 Year-2026 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
                 Aman Kumar S/O Guddu Manjhi Resident of Village- Purvi Hem Nagar,
                 Police Station- Muffasil, Chapra District- Saran at Chapra.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashad, Advocate
                 For the Opposite Party/s :      Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   12-03-2026                     Heard Mr. Arshad, learned counsel for the petitioner

                   and Mr. Bhanu Pratap Singh, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   26.01.2026 in connection with Bhagwan Bazar P.S. Case No. 58

                   of 2026, F.I.R. dated 25.01.2026 for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                               3. Recovery is of 95 liters of illicit liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. He further submits that it appears

                   from the F.I.R. as well as seizure list that nothing has been

                   recovered from the conscious possession of the petitioner rather

                   the recovery has been made from the E-Rickshaw in question
Patna High Court CR. MISC. No.16120 of 2026(2) dt.12-03-2026
                                            2/3




          and petitioner is not the owner of the said E-Rickshaw. He

          further submits that there is non-compliance of Section 103/105

          of the BNSS, 2023. The petitioner is in custody since

          26.01.2026.

                      5     Learned      Additional        Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent, nothing has been

          recovered from the conscious possession of the petitioner and

          there is non-compliance of Section 103/105 of the BNSS, 2023,

          let the petitioner, 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 01 st

          Exclusive Special Excise Court, Saran at Chapra in connection

          with Bhagwan Bazar P.S. Case No. 58 of 2026, subject to the

          following conditions:-

                          i. Petitioner shall co-operate in the trial and shall be

           properly represented on each and every date fixed by the court

           and shall remain physically present as directed by the court and

           on his absence on two consecutive dates without sufficient

           reason, his bail bond shall be cancelled by the Court below.

                          ii. If the petitioner tampers with the evidence or the
            Patna High Court CR. MISC. No.16120 of 2026(2) dt.12-03-2026
                                                        3/3




                       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 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 bond of the petitioner. 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)
Vanisha/-

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.