Patna High Court
Amit Kumar @ Majhi @ ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Amit Kumar was arrested in Dehri (Muffasil) for alleged possession of 65 litres of liquor recovered from bushes near a cremation ground, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no incriminating material in his possession, that the liquor was recovered from an open area accessible to all, and that he was falsely implicated. He also highlighted that he has ten prior criminal antecedents, all of which are currently on bail, and that the prosecution had not complied with Section 103 of the B.N.S.S., 2023. The State opposed bail, citing the petitioner’s prior similar offences. After considering the circumstances, the Court inclined to grant bail, subject to a bond of Rs.15,000 with two sureties and several conditions including appearance at trial and non‑tampering with evidence. The bail order was made pending framing of charge, if not already done.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given his prior criminal antecedents.
- Whether the lack of incriminating material in the accused’s possession and the open‑area recovery affect the bail decision.
- Whether compliance with Section 103 of the B.N.S.S., 2023 is required for granting bail.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- criminal procedure
- Bihar Prohibition and Excise Act
- Section 30(a)
- prior convictions
- Section 103 B.N.S.S. 2023
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8471 of 2026
Arising Out of PS. Case No.-204 Year-2025 Thana- Dehri Mufassil District- Rohtas
======================================================
Amit Kumar @ Majhi @ Manjhi Son of Late Dukhi Singh Resident of
Village- Dahiyar, P.S.- Sasaram (Muffasil), District- Rohtas at Sasaram
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chhote Lal Mishra, Advocate
For the Opposite Party/s : Mr.Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Dehri (Muffasil) P.S.
case No. 204 of 2025 instituted for the offences under Section
30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 65 liters liquor
was recovered from bushes adjacent to cremation ground and
the petitioner was arrested on spot.
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 no concern with the alleged recovery of liquor. It is
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further submitted that recovery is made from open place which
is easily accessible to one and all. The petitioner is in custody
since 14.12.2025 and has got ten criminal antecedent in which
he is on bail in all the cases as stated in paragraph No. 3 of the
bail application. There is no compliance of Section 103 of
B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. The
petitioner has ten criminal antecedents of similar nature and he
does not deserve bail.
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, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs.15,000/- (Fifteen thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Dehri (Muffasil) P.S. case No. 204 of 2025,
subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
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fixed at the trial and shall not remain absent on two consequtive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
(V) Petitioner shall not leave the territorial
jurisdiction of the learned Court below without taking prior
permission of the Court concerned.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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