Patna High Court
Amarjeet Kumar Singh @ Golu @ Amanjeet Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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
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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
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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
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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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