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Patna High Court

Amit Kumar @ Majhi @ ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.8471 of 2026(2) dt.11-02-2026
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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
           Patna High Court CR. MISC. No.8471 of 2026(2) dt.11-02-2026
                                                       3/3




                     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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