Patna High Court
Amit Kumar @ GoluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner, directing release upon furnishing a bail bond of Rs. 5,000 with two sureties.
Summary
Amit Kumar applied for bail in a case under the Bihar Excise Act alleging that 70,500 liters of liquor were recovered from his Tata Sumo Gold vehicle, while he claimed he was not in possession of the liquor and was unaware of its misuse by others. The petitioner had two prior excise cases and had been in custody since 10 April 2026. Counsel argued that ownership of the vehicle alone should not implicate him and that a prudent person would not use his own vehicle to create evidence against himself. The State opposed bail, citing the seriousness of the offences under Sections 30(a), 41 and 32 of the Bihar Excise Act. The court, after considering the submissions and the period of custody, ordered the petitioner’s release on bail with a bond of Rs. 5,000 and two sureties of the same amount, pending trial.
Issues considered
- Whether the petitioner is entitled to bail despite alleged involvement in offences under the Bihar Excise Act
- Whether ownership of the vehicle used in the alleged liquor seizure is sufficient grounds for continued detention
Legislation cited
- Bihar Excise Act — s. 30(a), 32, 41
Subjects
- bail
- excise law
- liquor seizure
- vehicle ownership
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38116 of 2026
Arising Out of PS. Case No.-649 Year-2023 Thana- SHEKHPURA District- Sheikhpura
======================================================
Amit Kumar @ Golu S/o Bhagwati Choudhary Resident of Village/Mohalla-
Kashmir Colony, Near Masjid, Street IX, Bausa Sector, Bokaro, PS- Harla,
District- Bokaro, Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar
For the Opposite Party/s : Ms. Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 30(a), 41 and 32 of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
is in custody since 10.04.2026 and allegation is of recovery of
70.500 liters of liquor from a Tata Sumo Gold vehicle and a Tata
Punch was also seized.
4. Learned counsel for the petitioner submits that the
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and he came to be
Patna High Court CR. MISC. No.38116 of 2026(2) dt.01-07-2026
2/2
implicated based on the fact that he is owner of Tata Sumo Gold
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
Raushan would misuse the vehicle in the manner as alleged who
was also apprehended from the spot along with Jitendra and
Manjeet.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the
period of custody, the petitioner above-named, is directed to be
released on bail on furnishing bail bonds of Rs. 5000/- (Rupees
Five Thousand) with two sureties of the like amount each to the
satisfaction of the learned Trial Court where the case is
pending/successor court in connection with Sheikhpura P.S.
Case No. 649 of 2023.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.