Created by Fuzzy Cloud

Patna High Court

Amar Kumar @ AmanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioner subject to conditions.

Summary

The petitioner, Amar Kumar, sought anticipatory bail after the police, based on secret information, recovered 22 litres of illicit country-made Chulai liquor from behind his house and alleged his involvement. The petitioner argued he was not present at the scene, had no criminal record, and no incriminating material was found in his possession, questioning the authenticity of the FIR. The State opposed the bail, contending that the petitioner was named in the FIR and could not evade the allegations. The court considered the clean antecedent, lack of direct evidence against the petitioner, and the circumstances of the secret information, and ordered that if arrested within six weeks, the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. The application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner despite the FIR based on secret information.
  • Whether the lack of direct evidence and the petitioner's clean antecedent justify granting bail under the Bihar Prohibition of Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • illicit liquor
  • secret information
  • clean antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9217 of 2026
                   Arising Out of PS. Case No.-9 Year-2026 Thana- Daudnagar Excise District- Aurangabad
                 ======================================================
                 Amar Kumar @ Aman S/o Kanhai Chaudhary Resident of vill - Koilwan
                 Tola, Raghunath bigha, ward no. 2, PS- Haspura, Dist- Aurangabad.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Adarsh Singh
                 For the Opposite Party/s :        Mr. Akbar Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   18-02-2026                      Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                    2. The petitioner is apprehending his arrest in

                   connection with Daudnagar Excise P.S. Case No. 09/2026

                   registered for the offences punishable under Sections 30(a) of

                   the Bihar Prohibition of Excise Act.

                                    3. As per prosecution case, on the secret

                   information the police recovered 22 liters of illicit country made

                   Chulai liquor from behind the house of the petitioner and the

                   petitioner is alleged to have fled away from the place of

                   occurrence.

                                    4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence as alleged

                   in the FIR. The petitioner bears no criminal antecedent. The
Patna High Court CR. MISC. No.9217 of 2026(2) dt.18-02-2026
                                            2/3




          petitioner was not found at the place of occurrence. No

          incriminating article has been recovered from the possession of

          the petitioner. The petitioner has no concern with the seized

          liquor. He further submits that name of the petitioner has been

          transpired in this case on the basis of secret information and the

          source of secret information has not been divulged in the FIR,

          which questions the authenticity of the FIR and the petitioner

          cannot be held liable for the alleged recovery. In the light of the

          aforesaid facts and circumstances of the case, no case is made

          out against the petitioner under the provision of Bihar

          Prohibition of Excise Act.

                          5. The learned A.P.P. for the State opposed the

          prayer for anticipatory bail of the petitioner and submitted that

          the petitioner is FIR named accused and he cannot escape from

          the allegation made in the FIR.

                          6. Considering the facts and circumstances of the

          case, keeping in view clean antecedent of petitioner, petitioner

          was not found at the place of occurrence, argument advanced

          on behalf of both sides and also taking into consideration the

          material available on record, the petitioner above-named, in the

          event of his arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on
           Patna High Court CR. MISC. No.9217 of 2026(2) dt.18-02-2026
                                                       3/3




                     anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees

                     ten thousand) with two sureties of the like amount each to the

                     satisfaction of learned Court of learned Special Judge Excise

                     Court No. II, Aurangabad, Bihar in connection with Daudnagar

                     Excise P.S. Case No. 09/2026, subject to the conditions as laid

                     down under Section 482 (2) of the B.N.S.S.

                                  7. The application stands allowed.



                                             (Alok Kumar Pandey, J)
amitkumar/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.