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Patna High Court

Aman KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to a Rs.30,000 bond and conditions under the B.N.S.S., 2023.

Summary

The Patna High Court, hearing virtually, considered the petition of Aman Kumar who feared arrest in a case involving 42 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution alleged his involvement based on statements of co‑accused, while the petitioner asserted innocence, claiming no possession of the liquor and that the recovery was from an apartment not owned by him. The petitioner’s counsel highlighted his clean antecedent and lack of direct evidence. The State opposed bail, but the Court, noting the circumstances, ordered his release on bail if arrested or surrendered within four weeks, upon furnishing a Rs.30,000 bond under Section 2(1)(d) of the B.N.S.S., 2023 and subject to conditions of Section 482(2) of the same Act. The Court also directed the trial court to verify any criminal antecedents and cancel the bail if concealment is discovered.

Issues considered

  • Whether bail should be granted to the petitioner in an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or concealing criminal antecedents.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • excise offence
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • virtual hearing
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36198 of 2026
                         Arising Out of PS. Case No.-316 Year-2026 Thana- DIGHA District- Patna
                 ======================================================
                 Aman Kumar Son of Arun Rai @ Arun Kumar Resident of Gandhi Gali,
                 Ramjee Chak, P.S.- Digha, District- Patna.

                                                                                    ... ... Petitioner/s

                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Akhauri Kamal Kishore Sahay, Adv.
                 For the Opposite Party/s :       Mr. Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   02-06-2026                  The Court proceeding is being conducted through

                   virtual mode.

                                2. Heard learned counsel for the petitioner and learned

                   APP for the State.

                                3. The petitioner is apprehending arrest in connection

                   with Digha P.S. Case No. 316 of 2026 lodged on 09.04.2026, for

                   the offence punishable under section 30(a) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                4. As per the prosecution, FIR has been lodged against

                   three named accused persons including the present petitioner.

                   Total recovery of 42 litres of illicit liquor has been made, which

                   is the subject matter of the present case.

                                5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.36198 of 2026(2) dt.02-06-2026
                                            2/3




          petitioner is innocent and has committed no offence. Counsel

          submits that nothing has been recovered from the conscious

          possession of the petitioner and the alleged recovery has been

          made from an apartment which does not belong to the petitioner.

          Counsel further submits that the name of the petitioner has come

          in this case only on the basis of statement of co-accused. He

          further submits that the petitioner has clean antecedent.

                       6. Learned APP for the State opposes the prayer for

          bail of the petitioner.

                       7. In the present facts and circumstances of this case,

          let the above named petitioner be released on bail, in the event

          of arrest or surrender before the Trial Court within a period of 4

          weeks from today, on furnishing bail bond of Rs.30,000/-

          (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of

          the B.N.S.S., 2023 to the satisfaction of Special Judge, Excise-

          II, Patna, in connection with Digha P.S. Case No. 316 of 2026,

          subject to the conditions as laid down U/s 482(2) of the

          B.N.S.S., 2023.

                       8. The Trial Court is directed to verify the criminal

          antecedent(s) of the petitioner, and in case, it is found at any

          stage that the petitioner has concealed the fact about his criminal

          antecedent(s), the Trial Court shall take steps for cancellation of
             Patna High Court CR. MISC. No.36198 of 2026(2) dt.02-06-2026
                                                         3/3




                       bail bond of the petitioner. However, the acceptance of the bail

                       bonds in terms of the above-mentioned order shall not be

                       delayed for the purpose of or in the name of verification.



                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T


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