Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioners.
Summary
The petitioners, Aman Kumar and Akhilesh Kumar, were arrested in connection with a case under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act for the alleged recovery of 407.820 litres of foreign liquor from two motorcycles. They contended that they were falsely implicated, had no ownership of the motorcycles, and no incriminating material was found on them; one petitioner had a prior criminal record while the other did not. The State opposed bail, arguing the seriousness of the offences. The court noted the lack of direct evidence against the petitioners, the absence of compliance with Section 103 of the BNSS, 2023, and the period of custody already served. Consequently, the court granted bail, directing each petitioner to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act.
- Whether the absence of incriminating material and non‑ownership of the motorcycles justify bail.
- Whether non‑compliance with Section 103 of the BNSS, 2023 bars the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition
- excise
- foreign liquor
- criminal procedure
- Section 103
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3422 of 2026
Arising Out of PS. Case No.-925 Year-2025 Thana- AGAMKUAN District- Patna
======================================================
1. Aman Kumar Son of Ramchandra Singh R/o Village - Chanakyangar, P.S. -
Agamkuan and Distt. - Patna.
2. Akhilesh Kumar @ Akhlesh Saw Son of Banshi Saw R/o Village -
Mahugain Kalan, P.S. - Badkagaon, Dist. - Hajaribagh, Jharkhand. At
present R/o Village - Lalji Tola, P.S. - Jakkanpur, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners seek bail in connection with
Agamkuan PS Case No. 925 of 2025 instituted for the offences
under Sections 30(a) & 32 of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that 407.820 liters
foreign liquor was recovered from two motorcycles.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioners have
Patna High Court CR. MISC. No.3422 of 2026(2) dt.19-01-2026
2/2
got no concern with the alleged recovery of liquor. It is
submitted that petitioners are not the onwer of the motorcycles
in question and they have no concern with the same. The
petitioners are in custody since 13.12.2025 and petitioner No.1
bears one criminal antecedent/s, whereas petitioner No.2 bears
no criminal antecedent/s. There is no compliance of Section 103
of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Agamkuan PS Case
No. 925 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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