Patna High Court
Aadarsh Kumar Singh @ Kishan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted bail to the petitioner subject to stringent conditions.
Summary
Aadarsh Kumar Singh was implicated in a case under Sections 30(a) and 47 of the Bihar Prohibition and Excise Amendment Act for the alleged recovery of 67.5 litres of foreign liquor from a vehicle, although the liquor was not found in his personal possession. The petitioner argued that the accusation stemmed solely from the co‑accused Rahul Kumar’s disclosure and that he had no control over the vehicle. He also highlighted that he already faces four other criminal cases. The State opposed bail. The High Court, applying Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, granted bail on a cash bond of Rs 10,000 with two sureties and imposed several conditions, including cooperation with the trial and regular attendance before the local SHO. The bail order was issued subject to cancellation if the petitioner violates any condition.
Issues considered
- Whether bail should be granted to the petitioner under Sections 30(a) and 47 of the Bihar Prohibition and Excise Amendment Act given the circumstances of the case.
- Whether the petitioner’s lack of direct possession of the liquor and reliance on the co‑accused’s disclosure justify bail.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits the imposition of the specific bail conditions.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 47
Subjects
- bail
- prohibition act
- excise
- foreign liquor
- criminal procedure
- Section 482
- bail conditions
- co‑accused disclosure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32639 of 2026
Arising Out of PS. Case No.-229 Year-2025 Thana- AMNAUR District- Saran
======================================================
Aadarsh Kumar Singh @ Kishan Kumar, Male, aged about 28 years, S/o
Sunil Singh, R/o Village- Amnour Aguan, P.O.- Amnour, Dist- Saran, Bihar-
841401.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suman Kumar, Advocate
For the Opposite Party/s : Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with
Amnour PS Case No. 229 of 2025 dated 28.07.2025, instituted
under Sections 30(a), 47 of the Bihar Prohibition and Excise
Amendment Act.
3. The allegation is of recovery of 67.500 liters of
foreign liquor from Brezza vehicle bearing registration no.
BR01DR-8626 and co-accused Rahul Kumar was also arrested
at spot.
4. Learned counsel for the petitioner submits that
nothing has been recovered from the conscious possession of
the petitioner, rather, the illicit liquor has been recovered from
the car and the petitioner has no concern with the car. Only on
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the basis of disclosure made by the co-accused, Rahul Kumar,
the petitioner has been made accused in this case. Lastly, it is
submitted that the petitioner has four criminal cases against him.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioner be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Additional Sessions Judge-cum-Exclusive Special Court Excise
Act-1, Saran at Chapra, in Amnour PS Case No. 229 of 2025,
subject to the conditions laid down in Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023, and further (i) that
the petitioner shall co-operate in the trial and shall be properly
represented on each and every date fixed by the Court and on
his absence on two consecutive dates without sufficient reason,
his bail bond shall be cancelled by the Court below, (ii) that one
of the bailors will be his own blood relation, preferably father,
mother, brother, sister and or his wife, (iii) that the bailor shall
also state on affidavit that he will inform the court concerned if
the petitioner is made accused in any other case of similar
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nature after his release in the present case and thereafter the
court below will be at liberty to initiate the proceeding for
cancellation of bail on ground of misuse, (iv) that if the
petitioner tampers with the evidence or the witnesses, in that
case, the prosecution will be at liberty to move for cancellation
of bail and (v) that the petitioner within two weeks from the date
of his furnishing bail bond shall appear before the SHO of his
local area along with a copy of this order and thereafter shall
appear before him every fortnightly to mark his attendance till
the conclusion of trial.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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