Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29350 of 2026 Arising Out of PS. Case No.-19 Year-2025 Thana- TAREGNA RAIL P.S. District- Patna ====================================================== Amit Kumar S/O Satyanarayan Vishwakarma R/O Vill.- Purani Bazar, P.O. and P.S.- Masaurhi, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh No. I For the Opposite Party/s :

Mr. Kanhiya Kishor ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-05-2026

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Rail Taregna Police Station Case No. 19 of 2025, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case is that on 26.08.2025, acting on secret information, the police conducted a raid and apprehended one person, namely Bittu Kumar, while another accused, namely the petitioner, allegedly fled from the spot. During search, the police recovered 30 litres of country-made liquor and seized one motorcycle and a mobile phone, leading to institution of the present case.

4. Learned Counsel for the petitioner submits that

Patna High Court CR. MISC. No.29350 of 2026(2) dt.07-05-2026 2/3 the petitioner is innocent and has falsely been implicated in the present merely on the basis of suspicion. It is next submitted that petitioner has been made accused solely on the basis of disclosure of his name made by the arrested co-accused person and no incriminating article has been recovered from the conscious possession of the petitioner. Petitioner is having no criminal antecedent.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is having no criminal antecedent and his name transpired merely on the basis of disclosure of his name made by the arrested co-accused person, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail 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-3rd, Patna, in connection with Rail Taregna Police Station Case No. 19 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the

Patna High Court CR. MISC. No.29350 of 2026(2) dt.07-05-2026 3/3 BNSS, 2023.

(Anil Kumar Sinha, J) HarshPandey/- U T