Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that the petitioner is entitled to bail as there is no incriminating material in his possession, he has a clean record, and the statutory conditions for bail under the relevant provisions are not satisfied.
Summary
The petitioner, Amit Kumar, was arrested as the driver of a vehicle from which 351.78 liters of foreign liquor were seized, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he had no knowledge of the goods and that no incriminating material was found in his possession. The petitioner also highlighted his clean criminal record and the lack of compliance with Section 103 of the BNSS, 2023. The State opposed bail, but the court considered the circumstances, including the length of custody and absence of direct evidence against the petitioner. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the prosecution has established sufficient material to deny bail.
- Whether the provisions of Section 103 of the BNSS, 2023 are applicable to the bail application.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition
- excise
- foreign liquor
- criminal procedure
- Section 30(a)
- driver
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1716 of 2026
Arising Out of PS. Case No.-226 Year-2025 Thana- GOPALPUR District- Gopalganj
======================================================
Amit Kumar Son of Arjun Sah Resident of Village- Andauli, P.S.- Kishanpur,
District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Adv.
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Gopalpur
PS Case No. 226 of 2025 instituted for the offences under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 351.780 liters of
foreign liquor was recovered from the car and the 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
no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.1716 of 2026(2) dt.19-01-2026
2/2
for the petitioner submits that the petitioner is the driver of the
vehicle in question and he has no knowledge regarding the
nature of goods kept in the vehicle. The petitioner is in custody
since 18.08.2025 and has got clean criminal antecedent. There is
no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Gopalpur PS Case No. 226 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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