Amlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29321 of 2025 Arising Out of PS. Case No.-7 Year-2025 Thana- KHUSRUPUR District- Patna ====================================================== Amlesh Kumar S/o Dinesh Singh R/o Village- Kayampur, P.S.- Khusrupur, District- Patna ... ... Petitioner/s

Versus

1.

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

For the Petitioner/s :

Mr. Premchandra Yadav, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 07-05-2025 Heard the learned Advocate for the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Khushrupur P.S. Case No. 7 of 2025, registered for the offences punishable under Sections 30(a) of the Bihar Excise Prohibition Act.

3. In course of patrolling, on noticing the police party, one of the person who was riding a motorcycle carrying a bag trying to flee away. However, when the police chased him, he left the motorcycle and succeeded in fleeing away. In course of search, total 30 liters of illicit mahua liquor was recovered.

4. Learned Advocate for the petitioner contended that in fact on the fateful day, the petitioner had gone to see his farm

Patna High Court CR. MISC. No.29321 of 2025(2) dt.07-05-2025 2/3 by keeping his motorcycle beside the road. In the meantime, the police, who were on patrolling duty, seized the motorcycle and implicated the name of the petitioner by showing the recovery of illicit wine, which is far from the truth. There are other infirmities in the search and seizure; moreover, the witnesses are none else but the police personnel. The petitioner has neither any concern with the illicit wine nor he had ever been involve in such activities. Only on account of he being owner of the motorcycle, in question, his name has been implicated in this case. The petitioner undertakes that he will fully co-operate in the investigation and in the proceeding of the Court.

5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that the alleged recovery has been made from the motorcycle.

6. Regard being had to the submissions made on behalf of the parties and considering the submissions advanced by learned Advocate for the petitioner as also the infirmities in the search and seizure and the fair antecedent, apart from the absence of materials which attract the provisions under Section 76 (2) of the Bihar Prohibition and Excise Act, 2016, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four

Patna High Court CR. MISC. No.29321 of 2025(2) dt.07-05-2025 3/3 weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna City in connection with Khushrupur P.S. Case No. 7 of 2025, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) shivank/- U T