Patna High Court
Aman Kumar @ AmanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Since the illicit liquor was not recovered from the petitioner’s physical possession and the investigation is complete, the court granted bail.
Summary
The petitioner, Aman Kumar, was arrested in connection with a case of illegal trading and manufacturing of illicit liquor (Case No. 14 of 2022) under Sections 272, 273 and 34 of the Indian Penal Code and Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act, after the recovery of 14,967.25 litres of foreign liquor. He contended that he was falsely implicated, that the liquor was not recovered from his physical possession, and highlighted that a similarly situated co‑accused had previously been granted bail. The prosecution opposed bail, but the court noted that the investigation was complete, a charge‑sheet had been filed, and there was no risk of evidence tampering. Consequently, the court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 437(3) of the Cr.P.C. and Section 480(3) of the Bihar Narcotic and Substance (BNSS) Act. The bail order was directed to be complied with by the Exclusive Special Excise Judge, Court No. 1, Purnea.
Issues considered
- Whether bail should be granted to the accused when the recovered illicit liquor was not in his physical possession.
- Whether the completion of investigation and filing of charge‑sheet eliminates the risk of tampering with evidence, justifying bail.
- Whether the precedent of bail granted to a co‑accused influences the bail decision in the present case.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
- Indian Penal Code — s. 272, 273, 34
Subjects
- bail
- illicit liquor
- prohibition law
- Indian Penal Code
- Criminal Procedure Code
- Bihar Prohibition and Excise Act
- investigation completed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48278 of 2025
Arising Out of PS. Case No.-14 Year-2022 Thana- JALALGARH District- Purnia
======================================================
Aman Kumar @ Aman Son of Shivchandra Ray Resident of village - Ward
No.- 14, Bidupur Dih, P.S.- Bidupur, Bidupur Bazar, District - Vaishali -
844503 (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Adv
: Mr. Vivek Kumar Sinha, Adv
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 09-01-2026 Heard the parties.
2. At the outset, it is pointed out that certified copy of
the FIR was filed yesterday only.
3. In view of submission same not appears available on
record. Defect as pointed out by the office be ignored for the
present.
4. The petitioner seeks bail in connection with Jalalgarh
P.S. Case No. 14 of 2022 registered for the offence under
Sections 272, 273 and 34 of the I.P.C. and Sections 30(a), 41 and
47 of the Bihar Prohibition and Excise Act.
5. The petitioner is named in the F.I.R. and is in custody
since 07.03.2025.
6. The allegation against the petitioner is to be engaged
Patna High Court CR. MISC. No.48278 of 2025(2) dt.09-01-2026
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in illegal trading/manufacturing of illicit liquor, where, there is
recovery of 14967.25 litres of foreign liquor from the alleged
vehicle.
7. Learned counsel appearing on behalf of the petitioner
submitted that petitioner falsely implicated with the present case
on the basis of disclosure of apprehended co-accused person
namely Mangi, who was the driver of the container out of which
14-15 different persons were named with the present recovery of
illicit liquor, petitioner was one of them. It is admittedly submitted
that recovery of illicit liquor not appears to be made from the
physical possession of this petitioner, who is a man of clean
antecedent. Learned counsel pointed out that similarly situated co-
accused namely Pradeep Kumar @ Vikash Bhai has already
granted bail by this court through Cr. Misc. No. 41218 of 2023
dated 20.07.2023. While concluding the argument, it is submitted
that investigation of this case is completed, for which charge-sheet
has been submitted, as such, there is no chance of tampering with
the evidence.
8. Learned APP opposes the prayer of bail.
9. In view of aforesaid factual submission and by taking
note of fact as admittedly recovery of illicit liquor prima-facie not
appears to be made from the physical possession of this petitioner,
Patna High Court CR. MISC. No.48278 of 2025(2) dt.09-01-2026
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coupled with fact as investigation of this case already completed
where petitioner remains in custody since 07.03.2025, accordingly
petitioner above named, is directed to be released on bail in
connection with Jalalgarh P.S. Case No. 14 of 2022 on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of learned Exclusive
Special Excise Judge, Court No. 1, Purnea/concerned court,
subject to the conditions as mentioned under Section 437(3) of
the Cr.P.C/ Section 480(3) of BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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