Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and specified conditions.
Summary
Amit Kumar was arrested on 5 March 2026 in connection with a case alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for the alleged possession of 157 litres of Mahua liquor. The petitioner contended that the liquor was recovered from the hut of a co‑accused, Kallu Kumar, and that he had no direct possession, also asserting a clean criminal record and non‑compliance of Section 105 of the BNSS. The State opposed bail. The Court noted the recovery was not from the petitioner, his clean antecedent, and the procedural lapse, and therefore granted bail on a 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 directed to be accepted without delay for verification purposes.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the non‑compliance of Section 105 of the BNSS warrants bail.
- Whether the fact that the seized liquor was recovered from the co‑accused’s hut affects the bail decision.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- prohibition law
- excise
- Mahua liquor
- Section 30(a)
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26527 of 2026
Arising Out of PS. Case No.-129 Year-2026 Thana- MALSALAMI District- Patna
======================================================
Amit Kumar Son of Vijay Rai @ Vijay Ray Resident of Rikabganj, Katra
Bazar, P.S.- Malsalami, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-04-2026 Heard Mr. Pramod Kumar, learned counsel for the
petitioner and Mr. Anil Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
05.03.2026 in connection with Malsalami P.S. Case No. 129 of
2026, F.I.R. dated 03.03.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 157 liters of Mahua liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case merely on the basis of suspicion.
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 the recovery has been made
Patna High Court CR. MISC. No.26527 of 2026(2) dt.22-04-2026
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from hut of co-accused Kallu Kumar and the petitioner has no
concern at all with the alleged recovery of liquor. He further
submits that seizure list witnesses are Home Guard constables
and there is non-compliance of Section 105 of BNSS and the
petitioner is in custody since 05.03.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and recovery has been made
from hut of co-accused and there is non-compliance of Section
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 Exclusive Special Court of Excise, Patna City in
connection with Malsalami P.S. Case No. 129 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.
Patna High Court CR. MISC. No.26527 of 2026(2) dt.22-04-2026
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ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
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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