Amod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21732 of 2025 Arising Out of PS. Case No.-2461 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Amod Kumar S/o Vijay Singh Resident of village- Minapur Haradi Tola, P.S.- Town, District- Hajipur at Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh, Advocate.

For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-04-2025 Heard Mr. Shanti Bhushan Singh, learned counsel appearing on behalf of the petitioner and Mr. Shyam Bihari Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Excise (Patna) P.S. Case No. 2461 of 2024 registered for the offence punishable under Sections Sections 30(a)/56(b) of the Bihar Prohibition and Excise Act.

3. Allegation is of recovery of 291.720 litres of foreign liquor from a Mahindra Bolero Pick up bearing Registration No. BR01GN8007.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case. He has no concern either with the seized liquor or trade of liquor in any manner. The petitioner has clean

Patna High Court CR. MISC. No.21732 of 2025(2) dt.23-04-2025 2/3 antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made against the petitioner and the fact that altogether 291.720 litres of foreign liquor was recovered from a pick up bearing Registration No. BR01GN8007, learned District Court is directed to verify from the District Transport Officer concerned in respect of the seized pick up whether the same is registered in the name of the petitioner? In case, the same is registered in the name of the petitioner and not a stolen one and the vehicle was being driven by some other person namely Virendra Rai who has disclosed the name of the petitioner, the petitioner cannot be held responsible for the said act of the co-accused.

7. In that case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-III, Patna in connection with Excise (Patna) P.S. Case No. 2461 of 2024, subject to the condition as laid down under Section 438(2) of

Patna High Court CR. MISC. No.21732 of 2025(2) dt.23-04-2025 3/3 the Cr.P.C.

8. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

9. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T