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Patna High Court

Amit Kumar Singh @ Amit SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to surrender within six weeks and verification of his criminal antecedents.

Summary

The petitioner, Amit Kumar Singh, sought anticipatory bail after the police seized 8,863.56 litres of illicit liquor from a truck in Hajipur, alleging his involvement under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he neither owned the truck nor the liquor and was not present at the scene, arguing there was no basis for his arrest. The State opposed bail, labeling him a habitual offender with multiple criminal antecedents. The court noted that nothing was recovered from the petitioner and that a similar provisional bail had been granted to a co‑accused, Rahul Kumar Singh, pending verification of his antecedents. Considering these facts, the court granted bail on the condition that the petitioner surrender within six weeks and that his criminal antecedents be verified, with the bail bond subject to Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite alleged involvement in illicit liquor trafficking
  • Whether the petitioner’s alleged criminal antecedents preclude the grant of bail
  • Whether the court may condition bail on verification of criminal antecedents

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • prohibition act
  • habitual offender
  • bail conditions
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34293 of 2026
                  Arising Out of PS. Case No.-44 Year-2026 Thana- INDUSTRIAL AREA District- Vaishali
                 ======================================================
                 Amit Kumar Singh @ Amit Singh S/o Satyendra Singh R/o Vill- Ekara,
                 Thathan Buzurg, PS- Hajipur Sadar, Distt- Vaishali

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anish Kumar, Advocate
                 For the Opposite Party/s :       Ms. Pushpa Sinha.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   20-05-2026                  Heard the learned counsel for the petitioner and the

                   learned A.P.P. appearing for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Industrial P.S. Case No.44 of 2026, for allegedly having

                   committed offence under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. As per the prosecution story, which has been lodged

                   on the basis of the written report submitted by the informant, to the

                   effect that he got a secret information that liquor Mafia, named in

                   the First Information Report, including the petitioner herein along

                   with other dealers have brought a consignment of illicit liquor in a

                   truck, bearing Registration No.BR06GC-3874, and the same has

                   been parked near the Cipate, Hajipur. To verify the genuineness of

                   such information, the police party reached the place of occurrence
Patna High Court CR. MISC. No.34293 of 2026(2) dt.20-05-2026
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          and seized a truck. Upon search of the truck, 8863.56 litres of

          illicit liquor was recovered, which was packed in different cartons

          and accordingly a seizure list was prepared.

                       4. The learned counsel for the petitioner submits that the

          petitioner has got no concern with the seized truck and the alleged

          seized liquor. He is neither the owner of the truck nor the owner of

          the seized illicit liquor. He further submits that the petitioner was

          even not present at the place of occurrence, therefore there is no

          question of his being involved in the crime. He further submits

          that the petitioner has got four criminal antecedents and he is on

          bail in all the cases. It is further submitted that a learned Co-

          ordinate Bench of this Court vide order dated 14.05.2026, passed

          in Criminal Miscellaneous No.33620 of 2026, has allowed the

          provisional anticipatory bail petition of one of the co-accused,

          namely, Rahul Kumar Singh @ Rahul Kumar, subject to

          verification of his criminal antecedents of 24 cases and it has

          further been mentioned that in the event, it is found that the

          petitioner has antecedents of 24 cases only, in that event, the

          provisional anticipatory bail shall be confirmed forthwith.

                       5. The learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner and submits that the petitioner is

          a habitual offender, therefore he does not deserve anticipatory bail.

                       6. Having heard the learned counsel for the parties and
Patna High Court CR. MISC. No.34293 of 2026(2) dt.20-05-2026
                                            3/4




          after going through the records, it appears that total 8863.56 litres

          of illicit liquor was seized from a truck, which was parked near

          Cipate, Hajipur. The petitioner was not present at the place of

          occurrence and nothing has been recovered from him. Further, a

          learned Co-ordinate Bench of this Court vide order dated

          14.05.2026, passed in Criminal Miscellaneous No.33620 of 2026,

          has allowed provisional anticipatory bail to one of the co-accused,

          namely, Rahul Kumar Singh @ Rahul Kumar, against whom 24

          cases were pending.

                       7. Taking into consideration the facts aforesaid, let the

          petitioner, above-named, in the event of his arrest or surrender

          within a period of six weeks, be released on bail on furnishing bail

          bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Exclusive

          Special Excise Court No.-1-cum-District & Additional Sessions

          Judge, Vaishali at Hajipur in connection with Industrial P.S. Case

          No.44 of 2026, subject to the conditions laid down under Section

          482(2) of the B.N.S.S. with a further condition that:-

                       The learned court concerned shall verify the criminal

          antecedent of the petitioner and in case at any stage it is found that

          the petitioner has concealed his criminal antecedent, the court

          concerned shall take steps for cancellation of bail bond of the

          petitioner. However, the acceptance of bail bond in terms of the
               Patna High Court CR. MISC. No.34293 of 2026(2) dt.20-05-2026
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                         above-mentioned order shall not be delayed for purpose of or in

                         the name of verification.


                                                     (Ritesh Kumar, J.)

Sanjay/-

U          T


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