Patna High Court
Amit Kumar Singh @ Amit SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
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
2/4
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
4/4
above-mentioned order shall not be delayed for purpose of or in
the name of verification.
(Ritesh Kumar, J.)
Sanjay/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.