Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court held that anticipatory bail may be granted in the present circumstances, subject to the conditions prescribed under Section 482(2) of the B.N.S.S.
Summary
Amit Kumar sought anticipatory bail after the police registered an excise case (No. 1082 of 2026) alleging that 135 litres of foreign liquor were recovered from a car driven by his driver, Abhishek Kumar, who was arrested. The petitioner claimed he had no knowledge of the liquor and that the vehicle was not under his control at the time of the seizure, also alleging that the procedure under Section 105 of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.) was not followed. The State opposed the bail, arguing the seriousness of the offences under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act. The Court examined the nature of the allegations, the petitioner’s lack of direct involvement, and the procedural lapse, and invoked its inherent powers under Section 482(2) of the B.N.S.S. to grant anticipatory bail with conditions. Consequently, the Court ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond and two sureties, subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the Bihar Prohibition and Excise Act.
- Whether the procedural requirements under Section 105 of the B.N.S.S. were complied with during the search and seizure.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita (B.N.S.S.) — s. 105, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 41, 56(b)
Subjects
- anticipatory bail
- excise offence
- illegal liquor
- procedural lapse
- Section 105
- Section 482
- criminal procedure
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34650 of 2026
Arising Out of PS. Case No.-1082 Year-2026 Thana- Excise P.S. District- Patna
======================================================
Amit Kumar son of Raj Kumar Ram (Ram Kumar Rai) Resident of Village-
Adarsh Nagar, Road No 1, PS -Phulwarisharif, Distt -patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Khushi Awadh, Adv
For the Opposite Party/s : Mr.Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State through virtual mode.
2. The Petitioner is apprehending his arrest in
connection with Patna Excise P.S. Case No. 1082 of 2026
registered for the offences punishable under Sections 30(a), 41,
56(b) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 135 liters of foreign
liquor was recovered from a car and Abhishek Kumar, the driver
of the vehicle was arrested.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that the car in question,
from which the alleged recovery has been made, was being
driven by his driver, co-accused Abhishek Kumar and petitioner
Patna High Court CR. MISC. No.34650 of 2026(2) dt.19-05-2026
2/2
had no knowledge that the said co-accused was carrying illicit
liquor. Learned counsel for the petitioner has further submitted
that at the time of search and seizure, the vehicle was not under
the control of the petitioner. Moreover, procedure prescribed
under Section 105 B.N.S.S. has not been followed.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as well as the nature of allegation against the
petitioner, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory 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 court concerned,
Patna in connection with Patna Excise P.S. Case No. 1082 of
2026, subject to the conditions as laid down under Section
482(2) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
(Praveen Kumar, J)
niku/rupa/-
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