Patna High Court

Amarjeet KumarversusThe State of Bihar

Decided: 31 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail is granted to the petitioner.

Summary

Amarjeet Kumar was arrested in connection with a case alleging possession of 126 litres of illicit country-made liquor recovered from two motorcycles, charged under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely a passerby, not the owner of the vehicle, and that no incriminating material was found in his possession; he also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offence. After considering the facts, the petitioner’s single prior criminal antecedent, and the statutory provisions, the Court decided to grant bail. The bail was set at a cash bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to the accused under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 bars the grant of bail.
Whether the petitioner’s claim of innocence and lack of incriminating material justify bail despite a prior criminal antecedent.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Bharatiya Nyaya Sanhita, 2023 — s. 317(5)

Subjects

bail
criminal procedure
prohibition law
illicit liquor
Section 317
Section 30
Section 103
Bihar
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5335 of 2026
                       Arising Out of PS. Case No.-563 Year-2025 Thana- BHORE District- Gopalganj
                 ======================================================
                 Amarjeet Kumar S/o Ramchandra Bhagat @ Ramchandra Singh Resident of
                 Village- Kheduaapur, P.S.- Bhore, District- Gopalganj
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Vikash Kumar Shukla, Advocate
                 For the Opposite Party/s :        Mr.Md. Matloob Rab, A.PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   31-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Bhore

                   (Jagtoli) P.S. Case No. 563 of 2025, instituted for the offences

                   punishable under Section 317(5) of the Bharatiya Nyaya

                   Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that total 126

                   liters of country made liquor was recovered from two

                   motorcycle.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got
           Patna High Court CR. MISC. No.5335 of 2026(2) dt.31-01-2026
                                                       2/2




                     no concern with the alleged recovery of liquor. The petitioner is

                     not the owner of the vehicle rather he was passersby of the way

                     and has become victim of circumstances. The apprehended co-

                     accused has disclosed the name of petitioner. The petitioner is in

                     custody since 22.11.2025 and has got one criminal antecedent.

                     There is no compliance of Section 103 of the Bharatiya Nagarik

                     Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Bhore (Jagtoli) P.S.

                     Case No. 563 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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