Patna High Court
Aman Kumar @ Aman RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner with conditions.
Summary
The petitioner, Aman Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act after a police raid recovered 52.26 litres of foreign liquor near Prem Singh’s bathan, and the chowkidar identified him in the FIR. The petitioner argued that the seizure was from an open place, not from his conscious possession, and that he had no prior criminal record. The State opposed, relying on the chowkidar’s identification. The court, relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, held that anticipatory bail can be granted despite the bar under Section 76(2) if the FIR does not establish an offence. Consequently, the court granted anticipatory bail with a set of conditions, including bond, sureties, regular appearances before police and court, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2).
- Whether the petitioner’s alleged involvement, based solely on the chowkidar’s identification, suffices to deny bail.
- Whether lack of conscious possession and absence of criminal antecedent justify the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- Section 76(2)
- conscious possession
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43880 of 2026
Arising Out of PS. Case No.-38 Year-2026 Thana- MAHNAR District- Vaishali
======================================================
Aman Kumar @ Aman Raj S/o Narayan Rai @ Narayan Singh R/o Village -
Chakeso Mokhtarpur, Ward No 3, P.S - Mahnar, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha, Adv.
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-07-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Mahnar P.S. Case No. 38 of 2026 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act.
3. As per the prosecution story, the Police on
information raided near the bathan of Prem Singh and
recovered/seized 52.26 liter foreign liquor. The Chowkidar
named the petitioner which led to the FIR.
4. Learned counsel for the petitioner submits that a
perusal of the FIR would show that recovery/seizure is from an
open place near the bathan of Prem Singh and not from the
conscious possession much less that of the petitioner. Further, he
do not have criminal antecedent.
Patna High Court CR. MISC. No.43880 of 2026(2) dt.08-07-2026
2/4
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that the
Chowkidar has named him.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that nothing has been recovered from his conscious
possession and he do not have criminal antecedent, in that
background, this Court is inclined to extend him the privilege of
anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Exclusive Special Prohibition and Excise
Patna High Court CR. MISC. No.43880 of 2026(2) dt.08-07-2026
3/4
Court II-cum-District and Additional Sessions Judge, Hajipur,
Vaishali in connection with Mahnar P.S. Case No. 38 of 2026
subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall be appearing before the
Police Station as and when required for co-operating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
Patna High Court CR. MISC. No.43880 of 2026(2) dt.08-07-2026
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(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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