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Patna High Court

Aman KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and specified conditions.

Summary

Aman Kumar was arrested on 24-04-2025 in connection with a case under the Bihar Prohibition and Excise Act, 2018 for alleged possession of 224.67 litres of foreign liquor, alleged offences under Sections 30(a) and 41. He contended that the liquor was seized from a vehicle and that he was neither the owner nor the driver, and thus not in conscious possession. The prosecution highlighted three prior criminal antecedents of a similar nature, though the petitioner claimed he was on bail for those matters. The court considered the facts, the nature of the offence, and the petitioner’s claim of innocence, and ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of his antecedents. The bail bond was to be accepted without delay pending verification.

Issues considered

  • Whether bail can be granted in a case under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2018 despite the alleged non‑bailable nature of the offence.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.

Subjects

  • bail
  • prohibition and excise
  • foreign liquor seizure
  • criminal antecedent
  • non-bailable offence
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21333 of 2026
                       Arising Out of PS. Case No.-47 Year-2025 Thana- Baijnathpur District- Saharsa
                 ======================================================
                 Aman Kumar Son of Bhola Paswan Resident of village - Pastwar, P.S.-
                 Mahishi, District - Saharsa.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Amarnath Jha, Advocate
                 For the Opposite Party/s :         Ms. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   01-04-2026                        Heard Mr. Amarnath Jha, learned counsel for the

                   petitioner and Ms. Meena Singh, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   24.04.2025 in connection with Baijnathpur P.S. Case No. 47 of

                   2025, F.I.R. dated 23.04.2025 for the offences punishable under

                   Section 30(a), 41 of the Bihar Prohibition and Excise Act, 2018.

                               3. Recovery is of 224.67 liters of country made foreign

                   liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case merely on the basis of suspicion. He further

                   submits that it appears from the F.I.R. as well as seizure list that

                   nothing has been recovered from the conscious possession of
Patna High Court CR. MISC. No.21333 of 2026(3) dt.01-04-2026
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          the petitioner rather the recovery has been made from vehicle in

          question and the petitioner is neither owner nor driver of the

          vehicle in question. He further submits that the police after

          investigation submitted the charge sheet no.87/2025 on

          20.06.2025 against the petitioner. The petitioner is in custody

          since 24.04.2025.

                      5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the

          petitioner and submits that petitioner carries three criminal

          antecedents other than the present one of similar nature but

          fairly submits on the basis of paragraph-3 of the bail application

          that the petitioner is on bail in the said matters.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Exclusive

          Special Excise I, Saharsa in connection with Baijnathpur P.S.

          Case No. 47 of 2025, subject to the following conditions:-

                        i. Petitioner shall co-operate in the trial and shall be

           properly represented on each and every date fixed by the court

           and shall remain physically present as directed by the court and

           on his absence on two consecutive dates without sufficient
            Patna High Court CR. MISC. No.21333 of 2026(3) dt.01-04-2026
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                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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