Amit Dubey @ Amit Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28739 of 2025 Arising Out of PS. Case No.-582 Year-2022 Thana- JOKIHAT District- Araria ====================================================== Amit Dubey @ Amit Kumar Dubey S/o- Kameshwar Dubey Resident of Mohalla- Ward No 22 Rajendra Sarowar PS- Chapra Town District-Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kanishk Kaustubh,Advocate For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 25-06-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Jokihat P.S. Case no.582 of 2022 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, a total of 76.320 liters of foreign liquor is said to have been recovered from a Sumo Gold vehicle bearing Registration No. BR01PA7379.

4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. The petitioner has been falsely implicated in the case only for the reason that he happens to be the registered owner of the said vehicle. However, learned counsel for the petitioner further stated in paragraph no. 8 to the petition that he sold his vehicle to one Jiwakash Kumar Singh. A

Patna High Court CR. MISC. No.28739 of 2025(3) dt.25-06-2025 2/2 copy of the sale letter has been annexed as Annexure- P/2 to the petition. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

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

6. In view of the aforesaid facts of the case, 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 Jokihat P.S. Case no.582 of 2022 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 Excise Judge-II, Araria, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. (Soni Shrivastava, J) Harsh/- U T