Patna High Court
Amar Kumar @ AmanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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
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