Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner with specified conditions.
Summary
Amit Kumar applied for anticipatory bail after the police registered a case under IPC Sections 272 and 273 and the Bihar Prohibition and Excise Act Sections 30(a)(d) and 54(1) for the alleged possession of 25 litres of illicit liquor recovered from a lodge. The petitioner argued that the liquor was not found in his possession, the lodge did not belong to him, and his name was recorded only on the basis of a co‑accused’s confessional statement. He also highlighted his clean antecedent. The State opposed the bail. The Court, considering the nature of the accusation, the lack of incriminating material against the petitioner, and his clean record, granted anticipatory bail subject to surrender within eight weeks, a bail bond of Rs. 10,000 with two sureties, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail is warranted when the petitioner is not found in possession of the alleged contraband and is implicated solely through a co‑accused’s confession.
- Whether the petitioner’s clean antecedent and the nature of the alleged offence justify the grant of anticipatory bail.
- Whether imposing conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita is appropriate.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- illicit liquor
- IPC
- Prohibition Act
- clean antecedent
- confessional statement
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21985 of 2026
Arising Out of PS. Case No.-979 Year-2018 Thana- AGAMKUAN District- Patna
======================================================
Amit Kumar S/O Raj Kumar @ Rajkumar Prasad R/O Village - Ram Das
Path, Mithapur B Area, Patna,Patna G.P.O , P.S- Jakkanpur, District - Patna
Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rupesh Kumar Tiwari, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 272, 273 of the Indian
Penal Code and Sections 30(a)(d), 54(1) of the Bihar Prohibition
and Excise Act.
3. As per prosecution case, 25 litres illicit liquor was
recovered from a lodge.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. The lodge in question does not
belong to the petitioner and he has got no concern with the
alleged recovery. Name of the petitioner transpired on the basis
of confessional statement of co-accused. Petitioner claims clean
Patna High Court CR. MISC. No.21985 of 2026(2) dt.15-04-2026
2/2
antecedent.
5. Learned A.P.P. for the State opposed the bail
application.
6. Considering nature of accusation, place of recovery
and clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Special Judge Excise,
Patna City in connection with Agamkuan P. S. Case No. 979 of
2018, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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