Amit Kumar Singh @ Amit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34293 of 2026 Arising Out of PS. Case No.-44 Year-2026 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Amit Kumar Singh @ Amit Singh S/o Satyendra Singh R/o Vill- Ekara, Thathan Buzurg, PS- Hajipur Sadar, Distt- 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 :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 20-05-2026 Heard the learned counsel for the petitioner and the learned A.P.P. appearing for the State.

2. The petitioner apprehends his arrest in connection with Industrial P.S. Case No.44 of 2026, for allegedly having committed offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution story, which has been lodged on the basis of the written report submitted by the informant, to the effect that he got a secret information that liquor Mafia, named in the First Information Report, including the petitioner herein along with other dealers have brought a consignment of illicit liquor in a truck, bearing Registration No.BR06GC-3874, and the same has been parked near the Cipate, Hajipur. To verify the genuineness of such information, the police party reached the place of occurrence

2/4 and seized a truck. Upon search of the truck, 8863.56 litres of illicit liquor was recovered, which was packed in different cartons and accordingly a seizure list was prepared.

4. The learned counsel for the petitioner submits that the petitioner has got no concern with the seized truck and the alleged seized liquor. He is neither the owner of the truck nor the owner of the seized illicit liquor. He further submits that the petitioner was even not present at the place of occurrence, therefore there is no question of his being involved in the crime. He further submits that the petitioner has got four criminal antecedents and he is on bail in all the cases. It is further submitted that a learned Coordinate Bench of this Court vide order dated 14.05.2026, passed in Criminal Miscellaneous No.33620 of 2026, has allowed the provisional anticipatory bail petition of one of the co-accused, namely, Rahul Kumar Singh @ Rahul Kumar, subject to verification of his criminal antecedents of 24 cases and it has further been mentioned that in the event, it is found that the petitioner has antecedents of 24 cases only, in that event, the provisional anticipatory bail shall be confirmed forthwith.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that the petitioner is a habitual offender, therefore he does not deserve anticipatory bail.

6. Having heard the learned counsel for the parties and

3/4 after going through the records, it appears that total 8863.56 litres of illicit liquor was seized from a truck, which was parked near Cipate, Hajipur. The petitioner was not present at the place of occurrence and nothing has been recovered from him. Further, a learned Co-ordinate Bench of this Court vide order dated 14.05.2026, passed in Criminal Miscellaneous No.33620 of 2026, has allowed provisional anticipatory bail to one of the co-accused, namely, Rahul Kumar Singh @ Rahul Kumar, against whom 24 cases were pending.

7. Taking into consideration the facts aforesaid, let the petitioner, above-named, in the event of his arrest or surrender within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.-1-cum-District & Additional Sessions Judge, Vaishali at Hajipur in connection with Industrial P.S. Case No.44 of 2026, subject to the conditions laid down under Section 482(2) of the B.N.S.S. with a further condition that:- The learned court concerned 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 concerned shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the

4/4 above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Ritesh Kumar, J.) Sanjay/- U T