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Patna High Court

Amit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to a bond of Rs.10,000, two sureties, and specified conditions.

Summary

Amit Kumar was arrested on 11 March 2026 in connection with the seizure of 103.68 litres of illicit foreign liquor, alleged to violate Sections 30(a) and 32 of the Bihar Prohibition and Excise Act, 2018. He applied for bail, asserting a clean criminal record, that the liquor was seized from a vehicle he did not own, and that the police failed to comply with Sections 103 and 105 of the BNSS during the seizure. The prosecution opposed bail. The court examined the procedural lapses and the petitioner’s antecedents, and concluded that bail could be granted. It ordered release on a bail bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was issued without delay for verification.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged offences under the Bihar Prohibition and Excise Act, 2018.
  • Whether non‑compliance with Sections 103 and 105 of the BNSS during seizure warrants denial of bail.
  • Whether the petitioner’s lack of ownership of the vehicle and clean antecedent justify bail.

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • procedural compliance
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24186 of 2026
                    Arising Out of PS. Case No.-18 Year-2026 Thana- EXCISE SONPUR District- Saran
                 ======================================================
                 Amit Kumar S/o Lalit Singh R/o Village- Phulwariya, P.S- Maker, Dist-
                 Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashok Kumar, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-04-2026                        Heard Mr. Ashok Kumar, learned counsel for the

                   petitioner and Mr. Sanjay Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   11.03.2026 in connection with Sonepur Excise P.S. Case No. 18

                   of 2026, F.I.R. dated 11.03.2026 for the offences punishable

                   under Section 30(a), 32 of the Bihar Prohibition and Excise Act,

                   2018.

                               3. Recovery is of 103.680 liters of illicit foreign liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. 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 the petitioner rather
Patna High Court CR. MISC. No.24186 of 2026(2) dt.15-04-2026
                                            2/3




          the recovery has been made from vehicle in question and the

          petitioner is not the owner of the vehicle in question. He further

          submits that there is non-compliance of Section 103 and 105 of

          BNSS and seizure list witnesses are police personnel. The

          petitioner is in custody since 11.03.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent and there is non-compliance of

          Section 103 and 105 of BNSS, 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 3rd Exclusive Special Excise court,

          Saran, Chpara in connection with Sonepur Excise P.S. Case No.

          18 of 2026, 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

           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
            Patna High Court CR. MISC. No.24186 of 2026(2) dt.15-04-2026
                                                        3/3




                       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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