Patna High Court
Amit @ Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioner, Amit Kumar, was named as an accused in a 2019 case involving alleged offences under Sections 120(B) and 34 of the Indian Penal Code and Sections 30(a) and 38(1) of the Bihar Prohibition and Excise Act, after 167.320 litres of illicit liquor were seized from a truck. The petitioner argued that he neither owned nor drove the vehicle and that no incriminating material was found in his possession, contending that his inclusion was merely on suspicion. The State opposed his anticipatory bail, highlighting two prior similar criminal antecedents. The court considered the large quantity of seized liquor and the petitioner’s criminal history. Consequently, the court refused the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the absence of direct possession of the illicit liquor
- Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail
Legislation cited
- Indian Penal Code — s. 120(B), 34
Subjects
- anticipatory bail
- criminal conspiracy
- illicit liquor
- Bihar Prohibition and Excise Act
- prior criminal antecedents
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7119 of 2026
Arising Out of PS. Case No.-98 Year-2019 Thana- MOTIPUR District- Muzaffarpur
======================================================
Amit @ Amit Kumar Son of Nagendra Sah Resident of Village - Bhurkurwa,
P.S. - Rajepur, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Adarsh Ranjan, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Motipur P. S. Case
No. 98 of 2019 registered for the offences punishable under
Sections 120(B)/34 of the Indian Penal Code and Sections 30(a),
38(1) of Bihar Prohibition and Excise Act.
3. As per prosecution case, 167.320 liters illicit liquor
was recovered from the seized truck.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from the conscious
possession of the petitioner. Petitioner is neither driver nor
owner of the vehicle in question and he has been made accused
in this case only on suspicion.
5. Learned A.P.P. for the State opposes the prayer for
bail and submits that the petitioner has got two criminal
Patna High Court CR. MISC. No.7119 of 2026(2) dt.11-02-2026
2/2
antecedents of similar nature.
6. Considering huge quantity of recovery and criminal
antecedents of similar nature, prayer for anticipatory bail of the
petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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