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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

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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