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Patna High Court

Amar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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