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Patna High Court

Aman Kumar @ D. CversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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