Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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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