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Patna High Court

Aman Kumar Chaudhary @ Aman Don @ Aman KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to specified conditions, finding that the procedural lapses and lack of direct possession outweighed the prior antecedent.

Summary

The petitioner, Aman Kumar Chaudhary, applied for anticipatory bail fearing arrest under several provisions of the Bihar Prohibition and Excise Amendment Act after 1627.2 litres of foreign liquor were seized from a pick‑up van. He contended that he was neither the owner nor the driver, that the seizure list lacked an independent witness signature, and that no possession could be linked to him, thereby violating procedural requirements of the Cr.P.C. The State argued that the petitioner had a prior criminal antecedent of a similar nature, though he had already been granted bail in that case. Noting that co‑accused in the same case had been granted anticipatory bail and considering the procedural deficiencies, the Court ordered that the petitioner be released on anticipatory bail subject to a Rs.10,000 bond, two sureties, cooperation with investigation, and that one bailor be a blood relative, under Section 438(2) Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. despite alleged lack of possession and procedural lapses in the seizure list.
  • Whether a prior criminal antecedent of the same nature bars the grant of anticipatory bail.
  • Whether the absence of an independent witness signature on the seizure list violates the provisions of the Cr.P.C. and affects bail eligibility.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Amendment Act
  • seizure of foreign liquor
  • procedural lapse
  • criminal antecedent
  • bail conditions
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25883 of 2026
                      Arising Out of PS. Case No.-83 Year-2024 Thana- SAKRA District- Muzaffarpur
                 ======================================================
                 Aman Kumar Chaudhary @ Aman Don @ Aman Kumar Son of Mohan
                 Chaudhry Resident of village- Shambhunathpur, Muraliya Chak Dholi Ps-
                 Sakra District -Muzaffarpur.                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar.                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prasoon Kumar, Advocate
                 For the Opposite Party/s :       Mr. Kanhiya Kishor, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   24-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest for the offences

                   punishable under Section 30(a), 32(i), (ii), 36 and 41(1) of the

                   Bihar Prohibition and Excise Amendment Act.

                                3. A perusal of the first information report and the

                   seizure list would go to show that 1627.2 liters of foreign liquor

                   has been recovered from a pick-up van.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is neither the owner nor the driver of the said pick-up

                   van. He has been falsely implicated in this case merely on

                   suspicion. It has also been submitted that no recovery has been

                   made from the physical or conscious possession of the petitioner

                   and the mandatory provisions of the Cr.P.C. have also been

                   violated as the seizure list has not been signed by any independent

                   witness. It is pointed out that two similarly situated co-accused

                   have already been granted the privilege of anticipatory bail by a
            Patna High Court CR. MISC. No.25883 of 2026(2) dt.24-04-2026
                                                        2/2




                      Bench of this Court vide Annexure-2 series to this application.

                                   5. Learned APP submits that the petitioner has one

                      criminal antecedent of the same nature to which learned counsel

                      for the petitioner responds that the petitioner has already been

                      granted bail in the said case.

                                   6.    Considering       the    above-mentioned        facts    and

                      circumstances and also considering the fact that similarly situated

                      co-accused have already been granted the privilege of anticipatory

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

                      event of his arrest or surrender before the learned Court below

                      within a period of four weeks from today, on furnishing bail bond

                      of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

                      like amount each to the satisfaction of the learned Exclusive

                      Special Judge, Excise Court-I, Muzaffarpur in connection with

                      Sakra P.S. Case No.83 of 2024, subject to the condition as laid

                      down under Section 438 (2) of the Cr.P.C./482 (2) of the B.N.S.S.

                      and subject to the further condition that:-

                                   (i)    The      petitioner      shall     cooperate     in      the

                      investigation/trial.

                                   (ii) One       of the      bailors      would   be    the     blood

                      relative/family members of the petitioner.

                                                (Soni Shrivastava, J)

Trivedi/-
U       T


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