Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with specified conditions.
Summary
Amit Kumar was arrested on 25 February 2026 in connection with an excise case involving the seizure of 466.560 litres of illicit liquor from a pickup van. He pleaded not to be the owner or driver of the vehicle and asserted a clean criminal record, claiming false implication. The prosecution opposed bail, citing offences under Sections 30(a), 32(3) and 41(i)(ii) of the Bihar Prohibition and Excise Act and alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023. The court examined the facts, the petitioner’s claim of no conscious possession, and the statutory bail criteria. It granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The order directed that bail should not be delayed for antecedent verification.
Issues considered
- Whether the petitioner is entitled to bail despite alleged offences under the Bihar Prohibition and Excise Act.
- Whether the seizure and investigation complied with Sections 103 and 105 of the BNSS, 2023, affecting bail considerations.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition and Excise Act
- BNSS 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27808 of 2026
Arising Out of PS. Case No.-54 Year-2026 Thana- Excise P.S. District- Saran
======================================================
Amit Kumar Son of Adalat Ray @ Sri Adalat Ray Resident of Village -
Mahua Singh Rai, Ward No. 01, P.S.-Mahua District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Mr. Anish Kumar, learned counsel for the
petitioner and Mr. Lalan Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
25.02.2026 in connection with Sadar Excise P.S. Case No. 54 of
2026, F.I.R. dated 25.02.2026 for the offences punishable under
Sections 30(a), 32(3) and 41(i)(ii) of the Bihar Prohibition and
Excise Act.
3. Recovery is of 466.560 liters of illicit liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. 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
Patna High Court CR. MISC. No.27808 of 2026(2) dt.27-04-2026
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the recovery of altogether 466.560 liters of illicit liquor has been
made from the pickup van in question petitioner is neither the
owner nor the driver of the said vehicle in question. It appears
from the seizure list that the seizure list witnesses are the police
personnel, so there is non-compliance of Section 103/105 of the
BNSS, 2023. The petitioner is in custody since 25.02.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstance,
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 Excise Court, Saran at Chapra in connection with Sadar
Excise P.S. Case No. 54 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.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
Patna High Court CR. MISC. No.27808 of 2026(2) dt.27-04-2026
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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)
Vanisha/-
U T
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