Amrit Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34937 of 2025 Arising Out of PS. Case No.-601 Year-2024 Thana- BARUN District- Aurangabad ====================================================== Amrit Raj S/o Mithlesh Singh Resident of Village- Navner, PS- Dihra, District- Aurangabad Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lalbahadur Singh, Adv.

For the Opposite Party/s :

Ms.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner is apprehending arrest in connection with Barun P.S. Case No. 601 of 2024 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per prosecution case, there is alleged recovery of 50 liters illicit country made liquor from the Pulsar Motorcycle in question.

4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. His name has surfaced during investigation as the owner of the Pulsar motorcycle in question. Petitioner had given his motorcycle to his friend Navin Kumar for personal necessity. Petitioner was not found at the

Patna High Court CR. MISC. No.34937 of 2025(2) dt.22-05-2025 2/3 place of occurrence. Petitioner is not in any way connected with the alleged occurrence. Except suspicion, there is nothing on record to connect the petitioner with the alleged occurrence. No incriminating article has been recovered from possession of the petitioner. Petitioner bears no criminal antecedent. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act.

5. The learned A.P.P. for the State vehemently opposes 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 arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Principal District & Addl. Sessions Judge, Excsie Court No. I, Aurangabad in connection with Barun P.S. Case No. 601 of 2024, subject to the conditions as laid down under section 482(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.34937 of 2025(2) dt.22-05-2025 3/3

7. The application stands allowed.

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