Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22703 of 2025 Arising Out of PS. Case No.-381 Year-2024 Thana- ARA NAGAR District- Bhojpur ====================================================== Amit Kumar S/o Sri Mukesh Prasad Verma Resident of Village- Gaura Jagdishpur, Post- Dariyapur, P.S.- Naubatpur, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No 13, Advocate For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-04-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner apprehending his arrest in connection with Ara Town P.S. Case No. 381 of 2024, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 20.160 litres of IMFL/country made liquor from the motorcycle.

4. It is submitted by learned counsel that the petitioner implicated with present case being owner of the motorcycle bearing registration no. BR01FM9082, which was provided to coaccused in good faith out of personal acquaintance, but later on

Patna High Court CR. MISC. No.22703 of 2025(2) dt.30-04-2025 2/2 found involved in carrying of illicit liquor. It is submitted that the act of co-accused was not in knowledge of petitioner and, therefore, it can be said safely that recovery of illicit liquor was not made from conscious physical possession of this petitioner. Petitioner said to be involved in one case of different nature.

5. Learned APP opposed the prayer of bail.

6. Considering the aforesaid facts and circumstances and by taking note of fact as recovery of illicit liquor prima facie not appears to be made from the conscious physical possession of this petitioner, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail 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 Judge-1, Bhojpur, Ara/concerned Court, where the case is pending in connection with Ara Town P.S. Case No. 381 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T