Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27808 of 2026 Arising Out of PS. Case No.-54 Year-2026 Thana- Excise P.S. District- Saran ====================================================== Amit Kumar Son of Adalat Ray @ Sri Adalat Ray Resident of Village - Mahua Singh Rai, Ward No. 01, P.S.-Mahua District- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anish Kumar, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-04-2026 Heard Mr. Anish Kumar, learned counsel for the petitioner and Mr. Lalan Kumar, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 25.02.2026 in connection with Sadar Excise P.S. Case No. 54 of 2026, F.I.R. dated 25.02.2026 for the offences punishable under Sections 30(a), 32(3) and 41(i)(ii) of the Bihar Prohibition and Excise Act.

3. Recovery is of 466.560 liters of illicit liquor.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather

Patna High Court CR. MISC. No.27808 of 2026(2) dt.27-04-2026 2/3 the recovery of altogether 466.560 liters of illicit liquor has been made from the pickup van in question petitioner is neither the owner nor the driver of the said vehicle in question. It appears from the seizure list that the seizure list witnesses are the police personnel, so there is non-compliance of Section 103/105 of the BNSS, 2023. The petitioner is in custody since 25.02.2026. 5 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstance, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court, Saran at Chapra in connection with Sadar Excise P.S. Case No. 54 of 2026 subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to

Patna High Court CR. MISC. No.27808 of 2026(2) dt.27-04-2026 3/3 move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T