Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, finding insufficient grounds to deny it.
Summary
Amit Kumar was arrested in connection with an excise case (Case No. 2479 of 2025) alleging possession of 600 litres of liquor, invoking Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no liquor was found in his conscious possession, and that he had no link to the vehicle from which the liquor was recovered. He also highlighted his clean criminal record, his custody since 23‑10‑2025, and the alleged non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offence. Considering the lack of incriminating evidence against the petitioner, his antecedents, and the duration of his custody, the Court granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the alleged offences under the Bihar Prohibition and Excise Act.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
Subjects
- bail
- excise
- liquor seizure
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5493 of 2026
Arising Out of PS. Case No.-2479 Year-2025 Thana- Excise P.S. District- Patna
======================================================
Amit Kumar Son of Jay Nandan Ray R/o Village - Sabalpur, P.S. - Nadi, Dist.
- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satrudhan Kumar, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Patna
Excise P.S. Case No. 2479 of 2025 instituted for the offences
punishable under Sections 30(a), 41, 56(b) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 600 litres
of liquor was recovered from auto.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicle in
Patna High Court CR. MISC. No.5493 of 2026(2) dt.02-02-2026
2/2
question or the alleged recovery of liquor. The petitioner is in
custody since 23.10.2025 and has no criminal antecedent. There
is no compliance of Section 103 of the Bharatiya Nagarika
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 as also 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 Patna Excise P.S.
Case No. 2479 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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