Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36774 of 2025 Arising Out of PS. Case No.-29 Year-2025 Thana- BANDEYA District- Aurangabad ====================================================== Amresh Kumar S/o Suresh Chaudharee R/o Village- Naiki, Sihuli Khaira, P.S.- Rafiganj, District- Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal, Adv.

For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 29-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Bandeya P.S. Case No. 29/2025 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition of Excise Act.

3. As per prosecution case, there is alleged recovery of 24 liters country made mahua chulai liquor from the Hero motorcycle in question.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. The petitioner is not named in the FIR and his name has been surfaced in this case during course of investigation as the owner of the said motorcycle. He further submits that the

Patna High Court CR. MISC. No.36774 of 2025(2) dt.29-05-2025 2/3 petitioner has no knowledge regarding the seized illicit liquor which was kept on the said motorcycle. Basically, apprehended co-accused Bindal Chaudhari had taken the said motorcycle for attending a marriage ceremony. He orally submits that coaccused Bindal Chaudhari had misused the said motorcycle. The petitioner bears no criminal antecedent. The petitioner was not found at the place of occurrence. No incriminating article has been recovered from the possession of the petitioner. The petitioner has no concern with the seized liquor. The petitioner is not in any way connected with the alleged occurrence. He further submits that there is no compliance of Sections 103 and 105 of B.N.S.S. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition of Excise Act.

5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the

Patna High Court CR. MISC. No.36774 of 2025(2) dt.29-05-2025 3/3 learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of learned Special Judge, Excise-IInd, Aurangabad in connection with Bandeya P.S. Case No. 29/2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

7. The application stands allowed.

(Alok Kumar Pandey, J) amitkumar/- U T