Patna High Court
Amarjeet Kumar @ Amarjeet ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 480(3)
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
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(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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