Patna High CourtCR. MISC./26527/2026bail granted

Amit Kumar v. The State Of Bihar

2026-04-22Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26527 of 2026 Arising Out of PS. Case No.-129 Year-2026 Thana- MALSALAMI District- Patna ====================================================== Amit Kumar Son of Vijay Rai @ Vijay Ray Resident of Rikabganj, Katra Bazar, P.S.- Malsalami, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-04-2026 Heard Mr. Pramod Kumar, learned counsel for the petitioner and Mr. Anil Kumar, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 05.03.2026 in connection with Malsalami P.S. Case No. 129 of 2026, F.I.R. dated 03.03.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Recovery is of 157 liters of Mahua liquor.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case merely on the basis of suspicion. 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 the recovery has been made

Patna High Court CR. MISC. No.26527 of 2026(2) dt.22-04-2026 2/3 from hut of co-accused Kallu Kumar and the petitioner has no concern at all with the alleged recovery of liquor. He further submits that seizure list witnesses are Home Guard constables and there is non-compliance of Section 105 of BNSS and the petitioner is in custody since 05.03.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and recovery has been made from hut of co-accused and there is non-compliance of Section 105 of BNSS, 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 Court of Excise, Patna City in connection with Malsalami P.S. Case No. 129 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.

Patna High Court CR. MISC. No.26527 of 2026(2) dt.22-04-2026 3/3 ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to 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) Suruchi/- U T