Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail is granted because the petitioner has no criminal antecedent and the only basis of accusation is the co‑accused’s disclosure, with no incriminating article recovered from him.
Summary
The petitioner, Amit Kumar, applied for anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act where police seized illicit liquor and seized a motorcycle and mobile phone. The prosecution alleged that Kumar fled the scene while another accused was arrested. The petitioner argued that he was implicated solely on the basis of a co‑accused’s statement and that no incriminating article was found in his possession, and he has no prior criminal record. The Court noted the lack of material evidence against him and his clean antecedent, and held that mere suspicion and a co‑accused’s disclosure do not justify denial of bail. Consequently, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and compliance with Section 438(2) of the CrPC and Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted when the accusation is based solely on a co‑accused’s statement and no material is recovered from the petitioner.
- Whether the petitioner’s clean criminal record warrants the grant of anticipatory bail under Section 438 of the CrPC.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 438(2), 482(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar Prohibition and Excise Act
- co‑accused testimony
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29350 of 2026
Arising Out of PS. Case No.-19 Year-2025 Thana- TAREGNA RAIL P.S. District- Patna
======================================================
Amit Kumar S/O Satyanarayan Vishwakarma R/O Vill.- Purani Bazar, P.O.
and P.S.- Masaurhi, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh No. I
For the Opposite Party/s : Mr. Kanhiya Kishor
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 07-05-2026 1. Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Rail Taregna Police Station Case No. 19 of 2025,
disclosing offences under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case is that on 26.08.2025,
acting on secret information, the police conducted a raid and
apprehended one person, namely Bittu Kumar, while another
accused, namely the petitioner, allegedly fled from the spot.
During search, the police recovered 30 litres of country-made
liquor and seized one motorcycle and a mobile phone, leading to
institution of the present case.
4. Learned Counsel for the petitioner submits that
Patna High Court CR. MISC. No.29350 of 2026(2) dt.07-05-2026
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the petitioner is innocent and has falsely been implicated in the
present merely on the basis of suspicion. It is next submitted
that petitioner has been made accused solely on the basis of
disclosure of his name made by the arrested co-accused person
and no incriminating article has been recovered from the
conscious possession of the petitioner. Petitioner is having no
criminal antecedent.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
petitioner is having no criminal antecedent and his name
transpired merely on the basis of disclosure of his name made
by the arrested co-accused person, I am inclined to grant the
petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the Court below within four
weeks, 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 learned Special Judge Excise-3rd,
Patna, in connection with Rail Taregna Police Station Case No.
19 of 2025, subject to the condition laid down under Section
438 (2) of the Code of Criminal Procedure/Section 482(2) of the
Patna High Court CR. MISC. No.29350 of 2026(2) dt.07-05-2026
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BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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