Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19542 of 2025 Arising Out of PS. Case No.-106 Year-2024 Thana- DANDARI District- Begusarai ====================================================== Aman Kumar S/O Raj Kishor Yadav R/O vill.- Pratappur,Ward No.-15, P.SDandari, Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The present Cr. Misc. Application has been filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Dandari P.S. Case No. 106 of 2024, dated 10.10.2024, lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, total recovery of 15 litres of illicit liquor has been made, which is the subject matter of the present case.

Patna High Court CR. MISC. No.19542 of 2025(2) dt.16-04-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that the petitioner's name has figured in the present case solely on the basis of secret information received by the police. It is also submitted that the petitioner had a clean criminal antecedent prior to the filing of the present case. However, counsel submits that, after filing of this case, the petitioner's name has also been implicated in another criminal case bearing Dandari P.S. Case No. 114 of 2024, dated 02.11.2024, registered under the same Section of the Bihar Prohibition and Excise (Amendment) Act, 2022.

5. Learned APP for the State opposes the petitioner's prayer for bail but submits that, as per the allegations, the recovery has not been made from the possession of the petitioner.

6. As such, in the present facts and circumstances of the case, and considering the fact that the petitioner had no criminal antecedent prior to the present case, let the abovenamed petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of

Patna High Court CR. MISC. No.19542 of 2025(2) dt.16-04-2025 3/3 the BNSS, 2023 to the satisfaction of Exclusive Special Excise Judge-1, Begusarai, in connection with Dandari P.S. Case No. 106 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J.) Aman Kumar/- U T