Amit Singh @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39041 of 2025 Arising Out of PS. Case No.-31 Year-2020 Thana- MANJHI District- Saran ====================================================== Amit Singh @ Amit Kumar S/O Anil Singh R/O Vill.- Dohar, P.s.- Rasulpur, Dist.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr. Arun Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-06-2025 Heard Learned counsel for the petitioner and Learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with Manjhi P.S. Case No. 31 of 2020 lodged on 08.02.2020, for the offence punishable under Sections 30, 30(a), 38(i)(ii), 36 & 41 of the Bihar Prohibition and Excise Act, 2016, pending in the Court of 2nd Exclusive Special Excise Judge, Saran.

3. As per the prosecution, total recovery of 2923.200 litres of foreign liquor has been made which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that nothing has been recovered from the conscious possession of the petitioner and the said recovery has been made

Patna High Court CR. MISC. No.39041 of 2025(2) dt.25-06-2025 2/2 from the vehicles and apprehended accused persons took the name of the petitioner. Counsel further submits that the criminal antecedent of the petitioner is not clean as there are 7 cases pending against him, out of which only one case is registered under Bihar Prohibition and Excise Act.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that huge quantity of foreign liquor has been recovered in this case and co-accused has disclosed the name of the petitioner. Counsel further submits that the criminal antecedent of the petitioner is also not clean as there are 7 cases pending against him and this aspect must be taken into consideration.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected. (Dr. Anshuman, J) Divyansh/- U T