Patna High Court
Aman Kumar DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, finding that the circumstances did not warrant continued detention.
Summary
The petitioner, Aman Kumar Das, was arrested on 30 January 2026 after police recovered 225 litres of Nepali liquor from a motorcycle and alleged his involvement in offences under Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that the liquor was not in his conscious possession, and that he was not the owner of the motorcycle or the house from which the liquor was seized. The petitioner also highlighted his clean criminal record and argued that the statutory requirement of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, had not been complied with. The State opposed bail, emphasizing the seriousness of the offences. Considering the lack of incriminating material against the petitioner, his custody duration, and the absence of prior convictions, the Court inclined to grant bail. Accordingly, the Court ordered his release on bail upon furnishing a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner despite the alleged offences under the Bharatiya Nyaya Sanhita and the Bihar Prohibition and Excise Act.
- Whether the statutory conditions for bail under Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, have been satisfied.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- bail
- prohibition
- liquor seizure
- criminal procedure
- statutory bail provisions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16345 of 2026
Arising Out of PS. Case No.-31 Year-2026 Thana- HARLAKHI District- Madhubani
======================================================
Aman Kumar Das Son of Shobhit Das @ Ramshobhit Das Resident of village
-Rampur P.S -Harlakhi District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subhash Kumar Jha, Advocate
For the Opposite Party/s : Mr.Madhura Nand Jha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Harlakhi P.S. Case No. 31 of 2026 (G.R. Case No. 129 of 2026),
instituted for the offences punishable under Sections 274, 275
and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section
30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 225
liters of Nepali liquor was recovered from motorcycle.
Petitioner was arrested on the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.16345 of 2026(2) dt.13-03-2026
2/2
no concern with the alleged recovery of liquor. The petitioner is
not the owner of the alleged motorcycle and house from where
the alleged recovery has been made. The petitioner is in custody
since 30.01.2026 and has got no criminal antecedent. There is
no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Harlakhi P.S. Case
No. 31 of 2026 (G.R. Case No. 129 of 2026).
(Rudra Prakash Mishra, J)
manish/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.