Patna High Court
Amarjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner.
Summary
Amarjeet Kumar was arrested in connection with the alleged recovery of 100 litres of liquor from the courtyard of Akhilesh Kumar, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The petitioner argued that he was not caught in possession, the liquor was recovered from a place not belonging to him, and that he was implicated by a hostile chowkidar, despite having five prior cases under the Excise Act. He had been in custody since 30 March 2026 and sought bail, assuring the court of his cooperation and that he would not abscond. The State opposed the bail. The court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, directing compliance with the trial court’s conditions.
Issues considered
- Whether bail should be granted to the petitioner charged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 despite prior cases and the nature of the alleged offence.
Subjects
- bail
- excise law
- prohibition act
- liquor seizure
- criminal procedure
- Section 30(a)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26792 of 2026
Arising Out of PS. Case No.-372 Year-2025 Thana- JAGDISHPUR District- Bhojpur
======================================================
Amarjeet Kumar S/o Birendra Yadav @ Virendra Singh Resident of Village-
Neur Pokhar, Police Station- Jagdishpur, District- Bhojpur Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra
For the Opposite Party/s : Ms. Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases under the Excise Act and
allegation is of recovery of 100 litres of liquor from courtyard of
Akhilesh Kumar. It is next submitted that petitioner was not
arrested from the spot as such nothing was recovered from his
conscious possession and even alleged recovery is from a place
which does not belong to the petitioner and petitioner has no
relation or concern with Akhilesh and he came to be implicated
at the instance of chowkidar with whom he is on an inimical
Patna High Court CR. MISC. No.26792 of 2026(2) dt.24-04-2026
2/2
term. It is next submitted that petitioner is in custody since
30.03.2026 and if privilege of bail is granted to the petitioner,
the petitioner will not abscond rather will cooperate in the trial
to prove his innocence.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.5000/- (Rupees five thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with
Jagdishpur P.S. Case No.372 of 2025.
(Satyavrat Verma, J)
amit/-
U T
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