Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32152 of 2025 Arising Out of PS. Case No.-44 Year-2025 Thana- KARTAHA District- Vaishali ====================================================== Amit Kumar Son of Bambahadur Singh R/O Village - Dhanushi, P.S.- Kartaha, District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s :
Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Kartaha P.S. Case No. 44 of 2025 instituted for the offences punishable under Sections 30(a) and 44(2) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 559.26 litres of liquor was recovered from motorcycle as also from maize field of one Mukesh Kumar.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made
Patna High Court CR. MISC. No.32152 of 2025(2) dt.15-05-2025 2/2 from the maize field of co-accused Mukesh Kumar. Learned counsel further submitted that the name of the petitioner has transpired in this case merely because he happens to be the owner of the vehicle and his motorcycle was parked near the maize field of Mukesh Kumar. The petitioner is in custody since 31.03.2025 and has one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kartaha P.S. Case No. 44 of 2025.
(Rudra Prakash Mishra, J) Alok Verma/- U T