Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11371 of 2025 Arising Out of PS. Case No.-421 Year-2024 Thana- SHERGHATI District- Gaya ====================================================== Amresh Kumar S/O Chalitar Singh Resident Of Village- Gurturi, P.S.- Tarhani, District- Palamu (Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Javed Jafar Khan For the Opposite Party/s :

Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. A perusal of the First Information Report and the seizure list would go to show that 84 liters of Mahua liquor has been recovered from a plastic bag which was tied with a motorcycle bearing Registration No. BR-022AL-4559 and the police had come to the place of occurrence upon a confidential information that one Pradip Kumar was carrying the said liquor.

4. Learned counsel for the petitioner submits that the petitioner has not been named in the FIR and his name has subsequently transpired on the basis of the fact that he is the registered owner of the seized motorcycle. However, it is

Patna High Court CR. MISC. No.11371 of 2025(3) dt.08-05-2025 2/3 submitted that an FIR has been lodged with regard to the said vehicle that it had been stolen away vide Madanpur P.S. Case No. 323 of 2024 which has been annexed as Annexure-2 of the present application. No recovery has been made from the conscious and physical possession of the petitioner and he has no criminal antecedent.

5. Learned APP for the State has opposed the application for anticipatory bail

6. Considering the above-mentioned facts and circumstances, I am inclined to extend the privilege of anticipatory bail to the petitioner. Let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, 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 court below where the case is pending/successor court in connection with Sherghati P.S. Case No. 421 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S. and subject to the further condition that:- (i) The petitioner shall cooperate in the investigation/trial.

Patna High Court CR. MISC. No.11371 of 2025(3) dt.08-05-2025 3/3 (ii) The court below shall verify the criminal antecedent of the petitioner and in case 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, it is expected that the verification process would be done expeditiously without causing any delay. (Soni Shrivastava, J) devendra/- U T