Patna High Court
Amarjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioners, holding that the evidence against them was insufficient to justify continued detention.
Summary
The petitioners, Amarjeet Kumar, Rajbali Kumar and Manish Kumar, were arrested in connection with the alleged recovery of 2,311.38 litres of liquor from several vehicles and charged under the Bihar Prohibition and Excise (Amendment) Act, 2022 and the Arms Act. They applied for bail, contending they have clean antecedents, were not found in possession of the seized vehicles, and that the case against them rests mainly on a confessional statement made by another accused in police custody, which they argued lacks evidentiary value. The State opposed the bail application. The court considered the lack of direct possession, the questionable reliability of the confessional statement, and the fact that the petitioners had been in custody since 19 June 2025. Accordingly, the court ordered their release on bail upon furnishing a bond of Rs.25,000 with two sureties of equal amount. The bail order was directed to be recorded in the trial court where the case is pending.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise (Amendment) Act, 2022 and the Arms Act.
- Whether a confessional statement made by an accused in police custody has evidentiary value sufficient to deny bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
Subjects
- bail
- prohibition law
- excise
- arms act
- confessional statement
- evidentiary value
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58327 of 2025
Arising Out of PS. Case No.-101 Year-2025 Thana- BALIGAON District- Vaishali
======================================================
1. Amarjeet Kumar S/o- Sanjay Mahto Village- Daskurba Ahmadpur Ps-
Baligaon Dist- Vaishali at Hajipur
2. Rajbali Kumar S/o- Dinesh Sahni Village- Daskurba Ahmadpur Ps- Baligaon
Dist- Vaishali at Hajipur
3. Manish Kumar S/o- Suresh Sahni Village- Daskurba Ahmadpur Ps- Baligaon
Dist- Vaishali at Hajipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niranjan Parihar
For the Opposite Party/s : Mr. Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 09-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners seek bail in a case registered for the
offence punishable under Sections 30(a), 32(ii), 41(i) and 36 of
Bihar Prohibition and Excise (Amendment) Act, 2022 & Section
25(1-b)a, 26 and 35 of the Arms Act.
3. Learned counsel for the petitioners submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 2311.38 litres of liquor from a truck, pick-up vehicle
and a Tata Sumo vehicle. It is next submitted that petitioners
were not arrested from the spot as such nothing was recovered
Patna High Court CR. MISC. No.58327 of 2025(5) dt.09-01-2026
2/2
from their conscious possession and are not the owner of any of
the seized vehicle and they came to be implicated based on
confessional statement of apprehended accused in police
custody which does not have any evidentiary value. It is also
submitted that petitioners are in custody since 19.06.2025 and
charge sheet has been submitted.
4. Learned A.P.P. opposes the prayer for bail of the
petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, are
directed to be released on bail on furnishing bail bonds of
Rs.25,000/- (Rupees twenty five thousand) with two sureties of
the like amount each to the satisfaction of the learned trial court
where the case is pending/successor court in connection with
Baligaon P.S. Case No.101/2025.
(Satyavrat Verma, J)
amit/-
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