Patna High Court
Amarjit PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner despite the antecedents and procedural lapse, subject to bond and conditions.
Summary
The petitioner, Amarjit Patel, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 68.805 litres of liquor were recovered from his house and 1.8 litres from his motorcycle. The petitioner contended that he had no conscious possession of the liquor, that the recovery was from a joint family house, and that he was falsely implicated, despite having four prior criminal antecedents and being in custody since 26‑11‑2025. The State opposed the bail application, arguing the seriousness of the offence and the petitioner’s antecedents. The court noted the lack of incriminating material directly linked to the petitioner and the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, but considered the period of custody already served. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding family surety, regular appearance, and cancellation on repeat offences. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of possession and the petitioner’s criminal antecedents.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- prohibition act
- excise
- possession of liquor
- criminal antecedents
- Section 103
- Bharatiya Nagarik Suraksha Sanhita
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2993 of 2026
Arising Out of PS. Case No.-964 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua)
======================================================
Amarjit Patel Son of Dular Singh Resident of Village - Bhabua, Ward No.- 19,
Moh.- Gavai, P.S.- Bhabua, District - Kaimur at Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uday Pratap Singh, Advocate
For the Opposite Party/s : Mr.Abhay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Bhabua
P.S. Case No. 964 of 2025, instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 68.805 liters
liquor was recovered from the house of the petitioner. Out of
which 1.8 litres of liquor recovered from the motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner further submitted that the recovery has been
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made from joint house of the petitioner, where other family
members also reside. The petitioner is in custody since
26.11.2025 and has got four criminal antecedents. There is no
compliance of Section 103 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bhabua P.S. Case
No. 964 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner is found involved in similar
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nature of offence in future, the Trial Court will have the liberty
to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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