Patna High Court
Aman Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court granted pre‑arrest bail to the petitioner, subject to bond, sureties, and verification of antecedents, under Section 482(2) of the BNSS.
Summary
The petitioner, Aman Kumar Singh, sought pre‑arrest bail in a case where 94.62 litres of illicit foreign liquor were recovered from two vehicles, one of which was registered in his name. He claimed he was falsely implicated because the vehicle was parked in a public area and he had no involvement in liquor trade, asserting a clean antecedent. The State opposed the bail, citing the offence under Section 30(a) of the Bihar Prohibition and Excise Act. The High Court, noting the circumstances of the vehicle’s location and the State’s failure to implement its liquor policy, ordered the petitioner’s release on pre‑arrest bail upon furnishing a Rs.10,000 bond with two sureties, subject to verification of his criminal antecedents and compliance with Section 482(2) of the BNSS. The bail application was disposed with the direction that the order would lapse if any pending case against the petitioner is discovered.
Issues considered
- Whether pre‑arrest bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the vehicle is registered in the petitioner’s name.
- Whether mere registration of a vehicle in the petitioner’s name justifies arrest without further incriminating evidence.
- Whether the State’s alleged failure to implement its liquor policy influences the grant of bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor
- vehicle registration
- false implication
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30514 of 2026
Arising Out of PS. Case No.-317 Year-2025 Thana- SISWAN District- Siwan
======================================================
Aman Kumar Singh, Son of Sanjay Kumar Singh, Resident of village-
Hansrajpur, P.S.- Ekma, District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 06-05-2026 Heard Mr. Dewendra Narayan Singh, learned
counsel appearing on behalf of the petitioner and Mr.
Bishweshwar Ram, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Siswan P.S. Case No. 317 of 2025 registered for the
offence punishable under Sections 30 (a) of the Bihar
Prohibition and Excise Act as amended up-to-date.
3. Allegation is of recovery of 94.620 litres of illicit
foreign liquor from a vehicle bearing Engine No.
HA10ERGHC98334 and Chassis No.
MBLHA10CGGHCA3468 and 59 litres from a vehicle bearing
Registration No. BR29S8024, registered in the name of the
petitioner.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.30514 of 2026(2) dt.06-05-2026
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petitioner submits that the petitioner has been falsely implicated
in the present case simply because the vehicle from which the
illicit liquor was recovered, is registered in his name. The
motorcycle was parked near main gate of Kachnar village on
Siswan-Raghunathpur main road, which is an open place and
easily accessible to anyone. Petitioner has no concern with the
alleged seized liquor nor he is involved in trade of liquor in any
manner. Petitioner has clean antecedent. On these grounds,
petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the fact that the recovery of 59 litres
from a vehicle bearing Registration No. BR29S8024 belonging
to the petitioner, which was parked near main gate of Kachnar
village on Siswan-Raghunathpur main road, which is an open
place and easily accessible to any one and also the fact that the
State has failed to implement its liquor policy in its true spirit,
the petitioner, above named, is directed to be released on pre-
arrest bail, in the event of his/her arrest or surrender before the
learned District Court 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
Patna High Court CR. MISC. No.30514 of 2026(2) dt.06-05-2026
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the learned District Court where the case is pending, in
connection with Siswan P.S. Case No. 317 of 2025, subject to
the condition as laid down under Section 482(2) of the BNSS.
7. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
8. The present bail application is disposed of.
(Purnendu Singh, J)
Niraj/-
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