Patna High Court
Aman Kumar Chaudhary @ Aman Don @ Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
Checking your session…