Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29007 of 2022 Arising Out of PS. Case No.-728 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== Amarjeet Kumar Son of Shankar Mahto Resident of Village - bakhra, P.s.- Saraiya, Distt.- Muzaffarpur (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-10-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 272, 273, 284, 328, 307, 302, 120(B) and 34 of the Bihar Prohibition & Excise Act and sections 30(a), 37(b), 33, 36 and 34 of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on secret information that on 25.10.2021 in village-Laxmipur Arar under Saraiya PS one person died due to consumption of spurious liquor, informant along with other police officials reached there and inquired about the matter. Some people disclosed that on the eve of Chhati of grand-son of Mukesh Bhagat, due to consumption of spurious liquor Samdhi of Mukesh Bhagat died and 5-7 persons became seriously ill due to consumption of the same. They

Patna High Court CR. MISC. No.29007 of 2022(3) dt.14-10-2022 2/2 further disclosed that co-accused Amar Nath Bhagat @ Pappu Bhagat, Santosh Kumar, Arun Kumar, Rahul Kumar and other FIR named accused persons participated in the feast and had provided the spurious liquor.

It is submitted that on search of the house of Santosh Kumar 33 litres of foreign liquor has been recovered. Nothing has been recovered from conscious possession or from premises of this petitioner. Petitioner is only alleged to have participated in the said feast. Petitioner claims clean antecedent. Considering the facts aforesaid, the petitioner abovenamed in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise Court No. II, Muzaffarpur in connection with Saraiya P.S. Case No. 728 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T