Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- BNSS, 2023 — s. 103, 105
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
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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
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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
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