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Patna High Court

Amarjeet Kumar Singh @ Golu @ Amanjeet Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners with conditions, finding no sufficient ground to deny bail.

Summary

The petitioners, Amarjeet Kumar Singh and Sanjay Kumar Sharma, were arrested on 29 March 2026 in connection with a case involving alleged illegal possession and transport of large quantities of Nepali country liquor, contravening Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged that the seized liquor was found on the petitioners' motorcycles, while the petitioners contended that the seizure was from the vehicles and not from their conscious possession. The State opposed bail, citing the petitioners' prior criminal antecedents, though they were already on bail in other matters. The court examined the facts, the nature of the offence, and the bail jurisprudence, and decided to grant bail subject to a cash bond of Rs.10,000 with two sureties and several conditions, including cooperation with the trial and non‑tampering with evidence. The order emphasized that verification of criminal antecedents should not delay the acceptance of bail.

Issues considered

  • Whether bail should be granted to the accused under Sections 274, 275, 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the seizure of liquor constitutes conscious possession by the petitioners.
  • Whether the petitioners' prior criminal antecedents justify denial of bail.

Legislation cited

Subjects

  • bail
  • narcotic offences
  • excise law
  • seizure of liquor
  • conscious possession
  • criminal antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31325 of 2026
                      Arising Out of PS. Case No.-46 Year-2026 Thana- DEODHA District- Madhubani
                 ======================================================
           1.     Amarjeet Kumar Singh @ Golu @ Amanjeet Kumar Singh S/O Dharmendra
                  Kumar Singh R/O Village- Chhotaipatti, Baliya, Ward no. 6, P.S- Kyoti,
                  Distt.- Darbhanga.
           2.    Sanjay Kumar Sharma S/O Ramawtar Sharma R/O Village- Khairatol,
                 Madhiya Kamlabari, P.S.- Basopatti, Distt.- Madhubani.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Shabina Talat
                 For the Opposite Party/s :       Md. Shakir Ahmad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-05-2026                        Heard Ms. Shabina Talat, learned counsel for the

                   petitioners and Md. Shakir Ahmad, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioners seek bail who are in custody since

                   29.03.2026 in connection with Dewdha P.S. Case No. 46 of

                   2026 for the offences punishable under Sections 274, 275 and

                   3(5) of BNS and Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                               3. The case of the prosecution, in brief, is that is that

                   the complainant Jaykumar gave a written report to S.H.O

                   Dewdha Police Station on 28.03.26 stating therein that at

                   2:30 PM, a call was received on Dial-112 and as per call
Patna High Court CR. MISC. No.31325 of 2026(2) dt.08-05-2026
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          received the informant proceeded for its verification along with

          his and reached at Ammatol Ushrahi village, he saw that four

          motorcycles coming from the direction of the kamla river bank

          towards Ushrahi village, they were carrying goods. As soon the

          bikers saw the police personnel, they tried to flee away. Then

          With the help of force, they managed to apprehend two people

          with their motorcycles in front of a house on the river bank,

          while two others succeeded in escaping. Upon question, the

          apprehended persons identified as Amanjeet Kumar Singh and

          Sanjay Kumar Sharma. Regarding enquiry of the two persons

          who fled away they named one as Saroj Sahni and another as

          Mishrilal. On search, a Red Hero Glamour bearing registration

          no. BR32H1540 recovered from petitioner no. 1 on which 6

          plastic bags containing 21 cartoons of "Gaurav Souphi" Nepali

          Country liquor total 630 bottles of 300 ml each (189) litres were

          loaded. And a black Hero Splendour plus motorcycle bearing

          registration no. BR32AG8523 were seized from the petitioner

          no. 2 on which 6 plastic bags containing 21 cartoons of "Gaurav

          Souphi" Nepali country made liquor total 630 bottles of 300 ml

          each (189 litres). It is further stated that from the vehicle left by

          Saroj Sahni, a Blue Honda Shine motorcycle bearing

          registration BR07N1966 on which 6 plastic bags containing 21
Patna High Court CR. MISC. No.31325 of 2026(2) dt.08-05-2026
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          cartoons of "Gaurav Souphi" Nepali country made liquour total

          630 bottles of 300 ml each (189 litres) were loaded. And from

          the vehicle left by the unknown person, a blue Hero Glamour

          motorcycle without registration no.,is no. or engine no.on which

          5 plastic bags containing 20 cartoons and one open bag with 21

          cartoons of "Gaurav Souphi" Nepali made country made liquor

          total 150 bottles of each 300 ml (45 litres) and 4 bags containing

          15 cartoons of " Gaurav Souphi" Nepali country made liquor of

          30 bottles in each cartoon, total 450 bottles of 300 ml each were

          loaded, total 135 litres were recovered. From all the above-

          mentioned bikes, a total of 2340 bottles of Gaurav Souphi and

          150 bottles of BRIX, totaling 2490 bottles of Nepali country

          made amounting to 747 litres were recovered.

                      4. Learned counsel for the petitioners submits that it

          appears from the FIR and seizure list that recovery has been

          made from the motorcycle in question and nothing has been

          recovered from the conscious possession of the petitioners. It is

          next submitted that from perusal of the seizure list it appears

          that the seizure list witnesses are police personnel and

          petitioners are in custody since 29.03.2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioners
Patna High Court CR. MISC. No.31325 of 2026(2) dt.08-05-2026
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          and submits that petitioners have antecedent of two cases other

          than the present case but fairly submits that petitioners are on

          bail in the pending matters.

                       6. Considering the aforesaid facts and circumstances,

          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 Judge Excise, Madhubani in connection with

          Dewdha P.S. Case No. 46 of 2026, subject to the following

          conditions:-

                       i. Petitioners 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 their absence on two consecutive dates without sufficient

          reason, their bail bond shall be cancelled by the Court below.

                       ii. If the petitioners tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioners and in case at

          any stage it is found that the petitioners have concealed their

          criminal antecedent, the court below shall take step for
           Patna High Court CR. MISC. No.31325 of 2026(2) dt.08-05-2026
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                     cancellation of bail bond of the petitioners. 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)
Gaurav Sinha/-

U      T


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