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Patna High Court

Amarjeet Puri @ Amarjit PuriversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail is warranted as the liquor was recovered from an open, accessible place not owned by the petitioner and the allegations do not justify denial of bail.

Summary

Amarjeet Puri was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly selling illegal liquor. Police acted on a secret tip, searched an orchard that did not belong to the petitioner, and seized 11 bottles of rum. The petitioner contended that he had no possession of the liquor, the premises were open and accessible to all, and the accusation was based solely on anonymous information. The court examined these submissions and, noting that the recovery was from a place not owned by the petitioner and that there was no concrete evidence of his possession, decided to grant anticipatory bail. The order directed that if arrested within four weeks, the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC and Section 482 BNSS, 2023 in view of the alleged illegal liquor sale.
  • Whether the secret informant information and recovery of liquor from an open, non‑owned premises constitute sufficient grounds to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Criminal Procedure Code
  • Section 438
  • Section 482
  • open premises
  • secret informant

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA

                              CRIMINAL MISCELLANEOUS No.18659 of 2026
                   Arising Out of PS. Case No.-5 Year-2026 Thana- SARAI RANJAN District- Samastipur

                 ======================================================
                 Amarjeet Puri @ Amarjit Puri S/o Anil Puri Resident of Raipur Buzurg,
                 Raypur Bujurg, P.S.- Sarairanjan, Dist.- Samastipur


                                                                                  ... ... Petitioner/s

                                                       Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Keshav Bhardwaj
                 For the Opposite Party/s :       Mr. Md. Nazir Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

                                                  ORAL ORDER

2   16-04-2026                     1. Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                   2. This application, for grant of anticipatory bail,

                   arises out of Sarairanjan Police Station Case No. 05 of 2026,

                   disclosing offences under Sections 30(a) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2022

                                   3. As per the prosecution case, during routine

                   patrolling, the informant received secret information regarding

                   illegal sale of liquor by Amarjeet Puri/Petitioner in an orchard

                   situated near Raipur Bridge. Acting upon the said information,

                   the police party proceeded to the indicated place, where one
Patna High Court CR. MISC. No.18659 of 2026(2) dt.16-04-2026
                                            2/3




          person fled away on seeing the police and could not be

          apprehended, but was identified by local villagers as the

          petitioner. Upon search of the orchard, 11 bottles of “Old Monk

          XXX Rum” (totaling 8.250 liters) were recovered and seized.

                          4. Learned Counsel for the petitioner submits that

          the petitioner is innocent and has falsely been implicated in the

          present case. He next submits that no recovery has been made

          from the conscious possession of the petitioner, and the alleged

          place of recovery does not belong to the petitioner. It is further

          submitted that the recovery was made from an open and

          accessible place, and therefore cannot be attributed to the

          petitioner. Petitioner has been made accused merely on the basis

          of secret information given by an unknown person.

                          5. Having regard to the submissions made on

          behalf of the parties and taking into consideration the fact that

          liquor has been recovered from a place which is open and

          accessible to everyone and does not belong to the petitioner, I

          am inclined to grant the petitioner privilege of anticipatory bail.

                          6. This application is, accordingly, allowed.

                          7. Let the petitioner, above named, in the event of

          his arrest or surrender before the Court below within four

          weeks, be released on bail on furnishing bail bond of Rs.
           Patna High Court CR. MISC. No.18659 of 2026(2) dt.16-04-2026
                                                       3/3




                     10,000/- (ten thousand) with two sureties of the like amount

                     each to the satisfaction of learned Special Judge Excise-II,

                     Samastipur, in connection with Sarairanjan Police Station Case

                     No. 05 of 2026, subject to the condition laid down under

                     Section 438 (2) of the Code of Criminal Procedure/Section

                     482(2) of the BNSS, 2023.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T


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