Patna High Court
Aman Kumar @ D. CversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, as the illicit liquor was not recovered from his possession.
Summary
Aman Kumar applied for anticipatory bail after being implicated in a case (Turki P.S. Case No.35 of 2026) involving the alleged recovery of 97.5 litres of foreign liquor under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. The prosecution alleged his involvement, but the recovery was made from the premises of another individual, with no evidence of conscious or constructive possession by the petitioner. The petitioner argued that his name was mentioned only on suspicion and that he had no connection to the seized liquor. The State opposed the bail, but the court noted the lack of possession evidence and, invoking Section 482(2) of the B.N.S.S., 2023, decided to grant anticipatory bail. The court ordered the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount, to be satisfied by the Special Judge of the Excise Court, Muzaffarpur, within four weeks of arrest or surrender.
Issues considered
- Whether anticipatory bail should be granted when the alleged contraband is not recovered from the petitioner's conscious or constructive possession under Section 30(a) of the Bihar Prohibition & Excise Act, 2016
- Whether Section 482(2) of the B.N.S.S., 2023 permits the grant of anticipatory bail in such circumstances
Legislation cited
- Bihar Prohibition & Excise Act, 2016 — s. 30(a)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition & Excise Act
- Section 30(a)
- Section 482(2)
- bail bond
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27483 of 2026
Arising Out of PS. Case No.-35 Year-2026 Thana- TURKI KHARARU District- Muzaffarpur
======================================================
Aman Kumar @ D. C S/O Late Kishun Sahani R/O Village - Charkoriya, P.S-
Turki, Dist.- Muzaffarpur,Bihar ... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prabhat Kumar Singh, Advocate
For the Opposite Party/s : Mr.Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 13-05-2026 Heard learned counsel for the parties.
2. The petitioner is apprehending his arrest in
connection with Turki P.S. Case No.35 of 2026, F.I.R dated
05.02.2026, registered for the offences punishable under
Sections 30(a) of Bihar Prohibition & Excise Act, 2016.
3. As per the prosecution case, the police recovered
97.500 liters of foreign liquor from an open place.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in this case. There has
been no recovery from the conscious or constructive possession
of the petitioner. The alleged recovery is stated to have been
made from the bathan of Rangin Sahin, with which the
petitioner has no concern or connection. The name of the
petitioner has transpired in the present case merely on the basis
of suspicion. It has lastly been submitted that the petitioner has
three criminal antecedents and is ready to abide by the terms
Patna High Court CR. MISC. No.27483 of 2026(3) dt.13-05-2026
2/2
and conditions in case the privilege of anticipatory bail is
extended in his favour.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Regard being had to the submissions made by the
parties, and taking into consideration the fact that the illicit
liquor has not been recovered from the conscious/ constructive
possession of the petitioner, this Court is inclined to grant
anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
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
learned Special Judge Excise Court no. II, Muzaffarpur, Bihar
in connection with Turki P.S. Case No.35 of 2026 subject to the
condition as laid down under Section 482(2) of the B.N.S.S.,
2023.
(Ajit Kumar, J)
shikha/-Rajan/-
U T
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