Aman Kumar @ Aman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48278 of 2025 Arising Out of PS. Case No.-14 Year-2022 Thana- JALALGARH District- Purnia ====================================================== Aman Kumar @ Aman Son of Shivchandra Ray Resident of village - Ward No.- 14, Bidupur Dih, P.S.- Bidupur, Bidupur Bazar, District - Vaishali - 844503 (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Adv :

Mr. Vivek Kumar Sinha, Adv For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-01-2026 Heard the parties.

2. At the outset, it is pointed out that certified copy of the FIR was filed yesterday only.

3. In view of submission same not appears available on record. Defect as pointed out by the office be ignored for the present.

4. The petitioner seeks bail in connection with Jalalgarh P.S. Case No. 14 of 2022 registered for the offence under Sections 272, 273 and 34 of the I.P.C. and Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act.

5. The petitioner is named in the F.I.R. and is in custody since 07.03.2025.

6. The allegation against the petitioner is to be engaged

Patna High Court CR. MISC. No.48278 of 2025(2) dt.09-01-2026 2/3 in illegal trading/manufacturing of illicit liquor, where, there is recovery of 14967.25 litres of foreign liquor from the alleged vehicle.

7. Learned counsel appearing on behalf of the petitioner submitted that petitioner falsely implicated with the present case on the basis of disclosure of apprehended co-accused person namely Mangi, who was the driver of the container out of which 14-15 different persons were named with the present recovery of illicit liquor, petitioner was one of them. It is admittedly submitted that recovery of illicit liquor not appears to be made from the physical possession of this petitioner, who is a man of clean antecedent. Learned counsel pointed out that similarly situated coaccused namely Pradeep Kumar @ Vikash Bhai has already granted bail by this court through Cr. Misc. No. 41218 of 2023 dated 20.07.2023. While concluding the argument, it is submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

8. Learned APP opposes the prayer of bail.

9. In view of aforesaid factual submission and by taking note of fact as admittedly recovery of illicit liquor prima-facie not appears to be made from the physical possession of this petitioner,

Patna High Court CR. MISC. No.48278 of 2025(2) dt.09-01-2026 3/3 coupled with fact as investigation of this case already completed where petitioner remains in custody since 07.03.2025, accordingly petitioner above named, is directed to be released on bail in connection with Jalalgarh P.S. Case No. 14 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, Court No. 1, Purnea/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T