Amarjit Kumar @ Mitthu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20601 of 2026 Arising Out of PS. Case No.-189 Year-2025 Thana- KATHAIYA District- Muzaffarpur ====================================================== Amarjit Kumar @ Mitthu son of Lalbabu Rai Resident of village- Pana Chhapra PS -Kathaiya District -Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-04-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 317(5) of the BNS, 2023 read with Sections 30(a), 32(2), 32(3), 36, 41(1) and 41(2) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of five cases under the Excise Act as per supplementary affidavit and allegation is of recovery of 2359.440 liters of liquor from a Scorpio vehicle and two pick up vehicles.

4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and is not the

Patna High Court CR. MISC. No.20601 of 2026(2) dt.17-04-2026 2/3 owner of any of the seized vehicles and came to be implicated based on confessional statement of apprehended accused in police custody which does not have any evidentiary value. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, confessional statement or secret information without holding a proper investigation. It is also submitted that petitioner in similar manner earlier also came to be implicated in cases relating to excise.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Trial Court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 25000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Kathaiya P.S. Case No. 189 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.

Patna High Court CR. MISC. No.20601 of 2026(2) dt.17-04-2026 3/3

7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than five cases then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of five cases only, in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Rishabh/- U T