Amit Mistri @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32943 of 2025 Arising Out of PS. Case No.-89 Year-2025 Thana- KAUWAKOL District- Nawada ====================================================== Amit Mistri @ Amit Kumar Son of Birendra Mistri @ Virendra Mistri, Resident of Village- Jogachak,P.S.- Kawakol, District- Nawada. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar, Advocate.

For the Opposite Party/s :

Mr. Manoj Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Kawakol P.S. Case No.89 of 2025, registered under Sections 30(a), 37 of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is total recovery of 76.500 litres Indian made foreign liquor and 17.500 litres beer from three motorcycles.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that there is no recovery from the possession of the petitioner. Except confessional statement of co-accused, there is no material against the petitioner. Petitioner has no concern with the seized motorcycles or liquor. Learned

Patna High Court CR. MISC. No.32943 of 2025(2) dt.21-05-2025 2/2 counsel also submits that petitioner has one criminal antecedent which is not concerned with the Excise Act and petitioner undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-2, Nawada in connection with Kawakol P.S. Case No.89 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) Harish/- U T