Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
Holding
Anticipatory bail was granted to the petitioner subject to bail bond and surety conditions.
Summary
The petitioner, Amit Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 15.750 litres of illicit foreign liquor recovered from a straw house adjacent to his residence. He argued that no liquor was found in his conscious possession and that the recovery was from an open area accessible to all, contending that the accusation was based merely on suspicion. The State opposed his request for anticipatory bail, noting his prior similar criminal antecedent for which he is already on bail. The High Court, considering the lack of direct possession and the nature of the accusation, granted anticipatory bail, directing that if arrested within eight weeks, the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether anticipatory bail should be granted when the alleged contraband is not found in the accused's conscious possession.
- Whether the prior criminal antecedent justifies denial of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- possession
- Bihar Prohibition and Excise Act
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39556 of 2026
Arising Out of PS. Case No.-47 Year-2026 Thana- DANDKHORA District- Katihar
======================================================
Amit Kumar Son of Garudev Mandal @ Gurudev Mandal Resident of
Village- Tikeli (Tikaili), P.S.- Dandkhora, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Bimal Kumar, Advocate
For the State : Ms. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-06-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per prosecution case, 15.750 liters illicit foreign
liquor was recovered from the straw house of this petitioner.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. No incriminating article has been
recovered from conscious possession of this petitioner and he
has falsely been implicated in this case merely on suspicion. The
alleged illicit liquor has been recovered from the straw house
which is situated outside the residential house of this petitioner
Patna High Court CR. MISC. No.39556 of 2026(2) dt.23-06-2026
2/2
and is in an open place, which is accessible to one and all.
Petitioner has got one criminal antecedent of similar nature in
which he is already on bail.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the nature of accusation and the fact
that no incriminating article has been recovered from conscious
possession of this petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge
Excise Court No. 1, Katihar in connection with Dandkhora P.S.
Case No. 47 of 2026, subject to condition as laid down under
Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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