Patna High Court
Aman Kumar @ Aman JeeversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedents and compliance with the stipulated conditions.
Summary
The petitioner, Aman Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for allegedly transporting 186 litres of liquor in a mini pickup. He argued that the liquor was not recovered from his possession, he was not the vehicle's owner, and his involvement was inferred only from his driving licence found in the vehicle and a confessional statement of another accused. The State opposed the bail. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.15,000 with two sureties and that the trial court verify his criminal antecedents. It stipulated that if the petitioner is found to have more than three prior cases, the bail would not be confirmed; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- criminal antecedent
- seizure of liquor
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38540 of 2026
Arising Out of PS. Case No.-60 Year-2026 Thana- PURNAHYA District- Sheohar
======================================================
Aman Kumar @ Aman Jee S/o Umesh Kumar Singh R/o Village- Basant
Jagjivan, P.S- Purnahiya, Dist- Sheohar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar
For the Opposite Party/s : Ms. Gulnar Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-06-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases out of which two cases
are under the Excise Act and allegation is of recovery of 186
liters of liquor from a mini pick up vehicle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of the seized vehicle and came to be implicated based on
the fact that his driving license was found in the pick up vehicle
Patna High Court CR. MISC. No.38540 of 2026(2) dt.18-06-2026
2/3
based on which the police based on suspicion implicated him. It
is next submitted that thereafter the police even obtained the
name of the petitioner in the confessional statement of
apprehended accused.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
15000/- (Rupees Fifteen 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
Purnahiya P.S. Case No. 60 of 2026 subject to the conditions as
laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than three cases then it would be presumed that petitioner, for
the purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
Patna High Court CR. MISC. No.38540 of 2026(2) dt.18-06-2026
3/3
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of three
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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