Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court held that no prima facie case was made out under the Bihar Prohibition and Excise Act, 2018 and therefore the petitioner was entitled to anticipatory bail.
Summary
Aman Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 after 144.250 litres of illicit liquor were recovered from a public area near a school. The petitioner claimed he was falsely implicated, arguing that the contraband was seized from an open space and he had no involvement. He also disclosed six prior criminal cases, all of which were pending on bail. The court found that the material did not establish a prima facie case under the Excise Act and, considering the recovery from a public place, granted anticipatory bail subject to conditions. The bail order required a bond of Rs.10,000 with two sureties and stipulated cancellation if undisclosed antecedents or false statements were discovered.
Issues considered
- Whether anticipatory bail is appropriate in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the recovery of illicit liquor from a public place negates the existence of a prima facie case against the petitioner.
- Whether the petitioner's prior criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- public place
- criminal antecedents
- Section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45145 of 2026
Arising Out of PS. Case No.-43 Year-2026 Thana- VAINI District- Samastipur
======================================================
Aman Kumar S/o- Shatrudhan Sah @ Shatrudhan Pd. Sah @ Shatrughan
Prasad Sah, R/o Village- Khaira Ward No. -14 (Wrongly mentioned in F.I.R.
as Ward No. -15), P.S.- Waini, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the State : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Waini P.S. Case No. 43 of 2026, dated
19.04.2026, registered for the offences punishable under Section
30(a) of Bihar Prohibition and Excise Act, 2018.
3. As per allegation, total 144.250 liter of illicit liquor
has been recovered from the bush near the playground of
Utkramit Middle School. It is further case of the police that on
secret information, police reached the place of recovery, but
seeing the police, the petitioner has fled away and as per the
local chowkidar, it was the petitioner who fled away.
4. Learned counsel for the petitioner submits that the
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petitioner is innocent and has falsely been implicated in this
case. He further submits that the recovery of the contraband has
been made from an open space which is accessible to the public
at large and the petitioner has nothing to do with the alleged
offence. He further submits that the petitioner has also six
criminal antecedents, but in all those criminal cases, he is on
bail and in the previous case, the petitioner has been falsely
implicated without any evidence against him.
5. On the basis of the material available, no case is
made out against the Petitioner under Excise Act and the
Petitioner is entitled to get anticipatory bail.
6. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the recovery of contraband from public
place, this petition is allowed, directing the petitioner, above-
named, to be enlarged on bail, in the event of his arrest or
surrender before the court below within a period of eight weeks
from the date of receipt / production of a copy of this order, on
his furnishing bail bonds in the sum of Rs. 10,000/- (Ten
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Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court Below, in connection
with Waini P.S. Case No. 43 of 2026, subject to the conditions
as laid down under Section 482 (2) of the B.N.S.S., 2023 and on
the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedent other than
the disclosed one, learned court below shall cancel the bail
bonds of the petitioner after hearing him and getting satisfied
that the petitioner has concealed his criminal antecedents despite
his knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
ravishankar/-
U T
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