Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 32
- BNSS — s. 103, 105
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
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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
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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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