Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Aman Kumar, a 19‑year‑old, was arrested in Gaya for alleged possession of 200 litres of illicit country‑made liquor recovered from a bag allegedly belonging to him, under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He contended that the liquor was recovered from a train coach and that he was not in conscious possession, pointing to contradictions between the FIR and the seizure list regarding the place of recovery. The State opposed bail, citing the FIR, the informant’s report and the petitioner’s prior criminal antecedent. The Court examined the lack of an independent witness to the seizure and the inconsistencies in the documents, and considered that the allegations were based largely on suspicion. Concluding that the contradictions and the absence of concrete evidence did not justify continued detention, the Court granted regular bail on a bond of Rs 10,000 with two sureties, subject to the petitioner’s presence at all trial dates.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether contradictions between the FIR and the seizure list affect the bail application.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise law
- illicit liquor
- contradiction in FIR
- criminal antecedent
- regular bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42212 of 2026
Arising Out of PS. Case No.-132 Year-2026 Thana- GAYA RAIL P.S. District- Gaya
======================================================
Aman Kumar, aged about 19 years, Male, Son of Ashok Yadav, Resident of
Mohalla- Bangala Asthan, Ward No. 9, P.S.- Kotwali, District- Gaya Ji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Chandni Kumari, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Gaya
GRPS Case (Rail Gaya P.S. Case No. 132 of 2026) instituted
for the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise Amendment Act, 2022.
3. As per allegation in the FIR, on search, 200 liters of
illicit country-made liquor has been recovered from the bag of
the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case. He submits that the said
liquor has been recovered from the coach of a train and not from
the conscious possession of the petitioner. He further submits
that the petitioner has been made scapegoat in the present case
Patna High Court CR. MISC. No.42212 of 2026(2) dt.01-07-2026
2/3
only on the basis of suspicion. He next submits that as per the
FIR and seizure list, it appears that there is contradiction in the
place of recovery as the recovery has been shown in the seizure
in the general coach of the train but in the fardbeyan it is stated
that the petitioner were apprehended and the recovery was made
from a bag. Petitioner has got one criminal antecedent which
has been shown in the supplementary affidavit filed on behalf
of the petitioner, which has been annexed in the bail petition.
Petitioner is in custody since 11.05.2026.
5. Learned APP for the State opposes the prayer for
regular bail of the petitioner.
6. From perusal of the FIR, seizure list and the
impugned order of the learned Exclusive Special Excise Court
No.2, Gaya Ji dated 25.05.2026, it appears that petitioner is
named in the FIR. From perusal of the records, it also appears
that on the basis of written report of the informant, FIR has
been registered under Section 30(a) of the Bihar Prohibition
and Excise Amendment Act, 2022 against the present petitioner
and the allegation is of recovery of 200 liters of illicit country-
made liquor from the bag of the petitioner. From perusal of
seizure list, it also appears that there is no any independent
witness of the seizure, petitioner is under custody since
Patna High Court CR. MISC. No.42212 of 2026(2) dt.01-07-2026
3/3
11.05.2026, so considering all these aspects of the case and
submission of learned counsel for the petitioner, I am inclined to
grant regular bail to the petitioner.
7. Accordingly the prayer for regular bail of the
petitioner is allowed. Let the petitioner above named be
released on regular bail on furnishing bail bonds of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Excise Court No. 2,
Gaya Ji in connection with Rail Gaya P.S. Case No. 132 of
2026, subject to the condition that the petitioner shall remain
physically present on each and every date fixed by the trial
Court till conclusion of the trial.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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