Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42040 of 2025 Arising Out of PS. Case No.-153 Year-2025 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Amit Kumar Son of Dhanaji Chauhan @ Dhanaji Mahto R/o Village -Baghauch, P.S. -Kuchaikote, District -Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Kuchaikote PS Case No. 153 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.
The prosecution case, in short, is that total 432 litres of liquor was recovered from four motorcycles out of which 108 litres of country made liquor was recovered from petitioner's motorcycle bearing Registration NO. BR28A D7920.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.42040 of 2025(2) dt.07-07-2025 2/2 no concern with the alleged recovery of liquor. It is submitted that the name of the petitioner has transpired as being registered owner of the motorcycle bearing Registration No. BR28AD7920. The petitioner is in custody since 26.04.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.
5.
Learned A.P.P. 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, clean antecedent of the petitioner 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 Kuchaikote PS Case No. 153 of 2025.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T