Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Bail is granted to the petitioner subject to a bond of Rs.30,000 and conditions under the Bihar Narcotic Substances (Suppression) Act, 2023.
Summary
Amit Kumar was apprehended for alleged involvement in the seizure of 174.75 litres of illicit liquor under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution alleged that the liquor was recovered from an e‑rickshaw and motorcycle, and that Kumar was the driver of the e‑rickshaw, though no liquor was found in his personal possession. Kumar's counsel argued his innocence, clean antecedent, and that his name appeared only through the e‑rickshaw owner's disclosure. The State opposed bail, but the High Court granted bail on the condition of a Rs.30,000 bond under Section 2(1)(d) of the Bihar Narcotic Substances (Suppression) Act, 2023, subject to Section 482(2) conditions. The trial court was directed to verify any criminal antecedents and cancel bail if concealment is discovered.
Issues considered
- Whether bail should be granted to the accused in an offence under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the circumstances, including lack of personal possession and clean antecedent, justify bail despite the seriousness of the alleged illicit liquor seizure.
Legislation cited
- Bihar Narcotic Substances (Suppression) Act, 2023 — s. 2(1)(d), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- bail
- illicit liquor
- prohibition act
- criminal antecedent
- section 30
- Bihar
- e‑rickshaw driver
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36437 of 2026
Arising Out of PS. Case No.-198 Year-2025 Thana- KHAGARIA District- Khagaria
======================================================
Amit Kumar S/O Arvind Mahto Resident of Vill.- Babhain, P.S- Bakhri,
District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar Singh, Adv.
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 04-06-2026 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 Khagaria (Gangour) P.S. Case No. 198 of 2025 lodged on
19.06.2025, 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
the owner and driver of the e-rickshaw & motorcycle. Total
recovery of 174.750 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.36437 of 2026(2) dt.04-06-2026
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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 a motorcycle & e-rickshaw. Counsel further submits
that the name of the petitioner has come in this case only on the
disclosure of the owner of the said e-rickshaw and the petitioner
is said to be the driver of the seized e-rickshaw. 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 Exclusive Special
Excise Judge-I, Khagaria, in connection with Khagaria
(Gangour) P.S. Case No. 198 of 2025, 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
Patna High Court CR. MISC. No.36437 of 2026(2) dt.04-06-2026
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antecedent(s), the Trial Court shall take steps for cancellation of
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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