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Patna High Court

Amarjeet Kumar @ Amarjeet ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to bond and conditions, finding no sufficient ground to deny bail.

Summary

Amarjeet Kumar was arrested as a passenger in a vehicle from which police recovered 70.2 litres of foreign liquor, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no ownership or control over the vehicle, possessed no liquor, and maintained a clean record, arguing that he was falsely implicated. The State opposed the bail application. The court, after considering the circumstances and the petitioner’s custody period, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions under Section 480(3) of the B.N.S.S. and additional requirements such as a close relative as a bailor and mandatory court appearances. The bail order includes provisions for cancellation upon non‑compliance. The petition for bail was thus disposed in the petitioner’s favour.

Issues considered

  • Whether the petitioner, merely a passenger, is entitled to bail for alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether the conditions prescribed under Section 480(3) of the B.N.S.S. are applicable and sufficient for granting bail

Legislation cited

Subjects

  • bail
  • prohibition act
  • illicit liquor
  • Section 30
  • Section 480
  • Bihar
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32354 of 2026
                       Arising Out of PS. Case No.-219 Year-2026 Thana- RIVILGANJ District- Saran
                 ======================================================
                 Amarjeet Kumar @ Amarjeet Chaudhary S/o Bharat Chaudhary Resident of
                 Village- Lalganj, P.S.- Lalganj, District- Vaishali

                                                                                   ... ... Petitioner/s

                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Nalin Kumar, Advocate
                 For the Opposite Party/s :        Mrs.Pushpa Sinha.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   12-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Revilganj P.S. Case No. 219 of 2026 registered

                   for the alleged offences under Section 30(a) of Bihar Prohibition

                   and Excise Act.

                                03. As per prosecution case, police received secret

                   information about transportation of illicit liquor in a four

                   wheeler. The said vehicle was intercepted and three persons

                   tried to run away on seeing the police party but they were

                   apprehended and the petitioner is one of the apprehended

                   persons. On search of the vehicle, from a secret compartment,

                   recovery of 70.200 litres of foreign liquor was made.
Patna High Court CR. MISC. No.32354 of 2026(2) dt.12-05-2026
                                            2/3




                       04. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in this

          case. Nothing incriminating has been recovered from the person

          or possession of the petitioner. The recovery has been shown to

          be made from seized vehicle but the petitioner has no concern

          with the said vehicle as he is not the owner or driver of the

          vehicle. The petitioner has been apprehended merely because

          the fact that he was one of the passengers in the vehicle. The

          petitioner is having clean antecedent and he is in custody

          18.04.2026.

                       05. Learned APP opposes the submission made on

          behalf of the petitioner.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          period of custody of the petitioner, the petitioner above named is

          directed to be released on bail on furnishing bail bonds of Rs.

          10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned 2nd Exclusive Special Excise

          Jude, Saran at Chapra/concerned Court in connection with

          Revilganj P.S. Case No. 219 of 2026, subject to the conditions

          mentioned in Section 480(3) of B.N.S.S. and also the following

          conditions :
            Patna High Court CR. MISC. No.32354 of 2026(2) dt.12-05-2026
                                                        3/3




                                              (i) One of the bailors will be a close relative

                                              of the petitioner.

                                              (ii) The petitioner will remain present on

                                              each and every date fixed by the court below.

                                              (iii) In case of absence on three consecutive

                                              dates or in violation of the terms of the bail,

                                              the bail bond of the petitioner will be liable

                                              to be cancelled by the court concerned.



                                                (Arun Kumar Jha, J)

    DKS/-

U      T


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