Patna High Court
Amit Kumar (Driver) @ Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner subject to stipulated conditions.
Summary
The petitioner, Amit Kumar, a driver, was arrested on 3 February 2026 in connection with the recovery of 114.450 litres of illicit liquor under Sections 30(a), 32(i)(iii) and 41(i)(ii) of the Bihar Prohibition and Excise Act. He has been in custody since his arrest and claims to have a clean antecedent. The petitioner’s counsel offered to donate Rs. 25,000 to a charitable organization and sought regular bail, while the State opposed the relief. The Court examined the nature of the offence, the period of custody, the petitioner’s antecedents and the conditions proposed for bail. Finding no compelling reason to deny bail, the Court allowed the application, directing release on a bail bond of Rs. 10,000 with two sureties and imposing specific conditions, including the donation and monthly police station attendance. The order expressly states that the observations are prima facie and do not prejudice the trial.
Issues considered
- Whether regular bail should be granted to the accused under the Bihar Prohibition and Excise Act for possession of illicit liquor.
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- regular bail
- criminal antecedent
- surety
- donation condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20606 of 2026
Arising Out of PS. Case No.-54 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Amit Kumar (Driver) @ Amit Kumar son of Gorakh Choudhary Resident of
village- Chehariya P.S- Durgawati, Dist- Kaimur At Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Singh
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
Mr. Narsingh Tanti
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Bhabhua Excise P.S. Case No.
54 of 2026 registered for offences punishable under Sections
30(a), 32(i)(iii), 41(i)(ii) of the Bihar Prohibition and Excise
Act.
3. As per the prosecution case, 114.450 liters of illicit
liquor have been recovered from the possession of the petitioner.
The petitioner is in custody since 03.02.2026 and claims clean
antecedent.
4. Learned counsel for the petitioner submits that the
petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees
Patna High Court CR. MISC. No.20606 of 2026(2) dt.01-04-2026
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Twenty-Five Thousand only) to a charitable organization,
without prejudice to his defence and without admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Bhabhua Excise P.S.
Case No. 54 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Math, Village Jharha (near
Matua Pahar), P.O. Gurua, Dist. Gayaji, Bihar
and shall produce a valid receipt thereof before the
court below. The bail bonds shall be accepted only
after verification of the genuineness of the said
receipt.
(ii). The petitioner shall mark his
attendance at Durgawati Police Station on the first
Sunday of each month. In the event of default, the
bail bonds shall be liable to be cancelled.
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(iii). At the time of acceptance of bail
bonds, the court below shall verify the antecedents
of the petitioner. The bail bonds shall be accepted
only upon confirmation that the petitioner has no
criminal antecedent. However, such verification
shall not be used as a ground to unnecessarily
delay acceptance of the bail bonds.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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