Amit Kumar Kashyap v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18309 of 2025 Arising Out of PS. Case No.-34 Year-2025 Thana- Excise P.S. District- Rohtas ====================================================== Amit Kumar Kashyap Son of Akhilesh Kumar Kashyap resident of VillageBabuganj, Ward no. 35, PS- Dehri town, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Advocate Mr. Ravi Kant, Advocate Ms. Sarita Kumari, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-04-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Sasaram Excise P.S. Case no. 34 of 2025, registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on the motorcycle being stopped for search, it is stated that 10 litres of liquor was recovered from the motorcycle of co-accused Deepak Kumar and he was taken into custody. Further, 30 litres of liquor was recovered from the other motorcycle however the accused driving the same managed to escape.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession. The cause of false implication of the petitioner is

Patna High Court CR. MISC. No.18309 of 2025(2) dt.15-04-2025 2/2 that he happens to be the registered owner of the other motorcycle. The petitioner has no criminal antecedent and undertakes to cooperate in the case.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the petitioner not having been arrested at the spot, the implication of the petitioner being on the ground of his being the registered owner of the vehicle from which 30 litres of liquor was recovered and especially the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Sasaram Excise P.S. Case no. 34 of 2025 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 Judge, Excise Court-I, Rohtas at Sasaram.

(Partha Sarthy, J) Shiv/- U T