Patna High Court
Amar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner with specified conditions.
Summary
Amar Kumar was arrested on 18 November 2025 after 135 litres of liquor were recovered from a motorcycle, and he was charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating he neither owned nor rode the motorcycle and that no incriminating material was found in his possession. He also highlighted a lack of compliance with Section 103 of the B.N.S.S., 2023 and cited his custody of over two months and a prior criminal antecedent. The State opposed bail, but the Court, considering the facts, the duration of custody, and the absence of direct evidence, decided to grant bail. The bail was set at Rs.15,000 with two sureties, one of whom must be a close family member, and the petitioner must appear at every trial date, with bail liable to cancellation upon two consecutive defaults.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case
- Whether the non‑compliance with Section 103 of the B.N.S.S., 2023 affects the grant of bail
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- excise
- liquor seizure
- Section 30(a)
- Bihar Prohibition and Excise Act
- Section 103
- B.N.S.S., 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92083 of 2025
Arising Out of PS. Case No.-219 Year-2025 Thana- Excise Benipatti District- Madhubani
======================================================
Amar Kumar S/o Hari Mahto @ Sri Hari Mahto R/o Village - Kerba (Kerwa),
Ward No. 2, P.S - Saharghat, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in Bennipatti Excise
Thana P.S. case No. 219 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 135 liters
liquor was recovered from motorcycle 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.
Patna High Court CR. MISC. No.92083 of 2025(2) dt.19-01-2026
2/3
The petitioner has got no concern with the alleged recovery
of liquor. It is further submitted that the petitioner is neither
owner nor rider of the motorcycle in question. The
petitioner is in custody since 18.11.2025 and has got one
criminal antecedent. 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.
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 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
Bennipatti Excise Thana P.S. case No. 219 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
Patna High Court CR. MISC. No.92083 of 2025(2) dt.19-01-2026
3/3
date fixed at the trial. In case of default in such appearance
on two consecutive dates, the Trial Court will have liberty
to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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