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Patna High Court

Amritansh Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied.

Summary

The petitioner, Amritansh Kumar Singh, sought anticipatory bail fearing arrest in an excise case (Siwan Excise P.S. Case No. 820 of 2024) involving the seizure of 762.102 litres of foreign liquor from his Scorpio vehicle. The prosecution alleged offences under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, asserting that the vehicle belonged to the petitioner and that he has six prior convictions under the same Act. The petitioner contended that his arrest was solely due to vehicle ownership and his criminal record. The State highlighted the seriousness of the offence and the petitioner’s repeat offences. After considering the facts and the petitioner’s antecedents, the Court declined to grant anticipatory bail. The anticipatory bail application was therefore rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act given the seizure of foreign liquor and his prior convictions.

Subjects

  • anticipatory bail
  • excise
  • foreign liquor seizure
  • criminal antecedents
  • Bihar Prohibition and Excise Act
  • sections 30(a)
  • section 32(3)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20803 of 2026
                       Arising Out of PS. Case No.-820 Year-2024 Thana- Excise P.S. District- Siwan
                 ======================================================
                 Amritansh Kumar Singh S/o Yogeshwar Singh Resident of Village -
                 Narendrapur, P.S. - Siwan Town, District - Siwan

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bijay Prakash Singh, Advocate
                 For the Opposite Party/s :        Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   08-04-2026                  Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Siwan Excise P.S. Case No. 820 of 2024 for the

                   offence under sections 30(a) and 32(3) of the Bihar Prohibition

                   and Excise Act.

                                3. As per the prosecution story, the Police intercepted

                   a Scorpio vehicle and there is recovery/seizure of 762.102 liters

                   of foreign liquor. This led to the FIR.

                                4. Learned counsel for the petitioner submits that only

                   because he owns the vehicle coupled with the fact that he has

                   criminal antecedents, got implicated.

                                5. Learned APP, Mr. Jitendra Kumar Singh on the

                   other hand has taken this Court to paragraph-3 to show that not

                   one but there is six criminal antecedents against the petitioner of

                   the same nature (Bihar Prohibition and Excise Act). Further, he
          Patna High Court CR. MISC. No.20803 of 2026(2) dt.08-04-2026
                                                      2/2




                    owns the Scorpio from which the recovery of 762.102 liters was

                    made.

                                 6. Taking into account the submissions of the parties

                    as also a look on his criminal antecedents, it would be

                    appropriate that he seeks bail.

                                 7. The anticipatory bail application stands rejected.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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