Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32328 of 2025 Arising Out of PS. Case No.-90 Year-2025 Thana- PALIGANJ District- Patna ====================================================== Amit Kumar Son of Kamlesh Singh Village- Jalpura PS- Paliganj District -Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 26-06-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Paliganj P.S. Case no.90 of 2025 registered under Sections 281 and 125 of the B.N.S,2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. It appears from the F.I.R and the seizure list that an accident took place between Swift Dzire and Maruti car and got damaged. When the police reached place of occurrence a total of 72 liters of foreign liquor was recovered from the wheat field.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The name of the petitioner has transpired in this case only for the reason that he happens to be the owner of the Swift Dzire car. There was no

Patna High Court CR. MISC. No.32328 of 2025(3) dt.26-06-2025 2/2 independent witness to the seizure list and no recovery has been made from his physical or conscious possession of the petitioner. The wheat field is an open space which is accessible to everyone. The petitioner has no criminal antecedent and he undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. In view of the entire facts and circumstances of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Paliganj P.S. Case no.90 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Danapur, Patna, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. (Soni Shrivastava, J) Harsh/- U T