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Patna High Court

Amin Kumar @ Amin YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner, subject to the stipulated conditions.

Summary

The petitioner, Amin Kumar, was implicated in a case (Chautham P.S. Case No. 138 of 2026) for alleged involvement in the illegal storage and trade of liquor under Section 30(a) of the Bihar Prohibition and Excise Act. A police raid on a co‑accused’s house led to the seizure of 99.75 litres of foreign liquor and an Alto car, but no direct material linked the petitioner to the contraband except the co‑accused’s disclosure. The petitioner argued that the investigation failed to comply with Sections 103 and 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and that the evidence did not satisfy the rigors of Section 76(2) of the Bihar Prohibition and Excise Act, 2016. The State opposed bail, citing five prior similar convictions. The Court, after considering the lack of substantive evidence and procedural lapses, granted bail on condition of a Rs.20,000 bond with two sureties, one of whom must be a close relative, and subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether the petitioner’s arrest and continued detention are justified in the absence of material directly linking him to the seized liquor.
  • Whether the investigation complied with the procedural requirements of Sections 103 and 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Whether the evidentiary standards prescribed under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, have been met.
  • Whether the petitioner’s prior convictions warrant denial of bail.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition law
  • procedural compliance
  • prior convictions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40502 of 2026
                     Arising Out of PS. Case No.-138 Year-2026 Thana- CHAUTHAM District- Khagaria
                 ======================================================
                 Amin Kumar @ Amin Yadav, S/O Late Gulo Yadav, Resident of Village-
                 Khutiya, P.S.- Mansi, District- Khagaria

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Binod Kumar, Advocate
                                                  Mr. Amit Prakash, Advocate
                 For the Opposite Party/s :       Mr. M. K. Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   01-07-2026                   Heard Mr. Binod Kumar, learned Advocate for the

                   petitioner and the learned APP for the State.

                                 2. The petitioner is apprehending his arrest in

                   connection with Chautham P.S. Case No. 138 of 2026 registered

                   for the offences under Section 30 (a) of the Bihar Prohibition

                   and Excise Act.

                                 3. Acting on a tip off regarding trade and storage of

                   illicit liquor, the police conducted raid in the house of one

                   Deepak Kumar and apprehended him, however, noticing the

                   police party, two accused persons succeeded in fleeing away. In

                   course of search, an Alto Car, bearing registration no.

                   BR1AB0283, parked outside his house, was also seized from

                   which altogether 99.75 litres of Indian made foreign liquor was
Patna High Court CR. MISC. No.40502 of 2026(2) dt.01-07-2026
                                            2/3




          recovered.

                       4. Learned Advocate for the petitioner submitted that

          save and except the disclosure made by the apprehended person,

          there is no other material suggesting the complicity of the

          petitioner in the crime. Even as per the allegation levelled in the

          F.I.R., the entire recovery has been made from the possession of

          the co-accused Deepak Kumar. The petitioner has neither any

          concern with the co-accused Deepak Kumar nor with the seized

          Alto car wherefrom the alleged illicit liquor was recovered.

          Only on account of the criminal antecedent, as has been

          disclosed in para.3 of the petition, the name of the petitioner has

          been implicated in the present case. There is no compliance of

          Sections 103 and 105 of the Bharatiya Nagarik Suraksha

          Sanhita, 2023, as neither the independent witness nor the

          Audio/video recording has been done in terms of the mandate of

          the aforesaid statutory provisions. The materials available on

          record also does not attract rigors provided under Section 76(2)

          of the of the Bihar Prohibition and Excise Act, 2016.

                       5. On the other hand, learned APP for the State

          opposes the bail application and submits that the petitioner is

          carrying five criminal antecedent over his head of identical

          nature.
             Patna High Court CR. MISC. No.40502 of 2026(2) dt.01-07-2026
                                                         3/3




                                    6. Regard being had to the submissions advanced by

                       the learned Advocate for the parties and considering the

                       materials available on record, especially the fact that save and

                       except the disclosure made by the co-accused, no other material

                       has surfaced to suggest the complicity of the petitioner in the

                       crime, besides the lack of cogent material, which attracts the

                       rigors provided under Section 76(2) of the of the Bihar

                       Prohibition and Excise Act, let the petitioner, named above, in

                       the event of his arrest or surrender before the court below within

                       four weeks from the date of receipt/production of a copy of this

                       order, be released on bail on furnishing bail bonds of

                       Rs.20,000/- (Rupees twenty thousand) with two sureties of the

                       like amount each to the satisfaction of learned Exclusive Special

                       Judge Excise-I, Khagaria in connection with Chautham P.S.

                       Case No. 138 of 2026, subject to the condition as laid down

                       under Section 482 (2) of the Bharatiya Nagarik Suraksha

                       Sanhita, 2023 with the further condition that one of the bailors

                       shall be the own/close relative of the petitioner.



                                                   (Harish Kumar, J)
uday/-

U        T


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