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Patna High CourtCR. MISC./45742/2025allowed

Aman Soni v. The State Of Bihar

2025-08-04Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45742 of 2025 Arising Out of PS. Case No.-114 Year-2025 Thana- MALI District- Aurangabad ====================================================== 1.

Aman Soni S/o Jamuna Sah Vill.- Charan, PS- Mali, Distt.- Aurangabad 2.

Vickey Kumar S/o Manoj Seth Vill.- Charan, PS- Mali, Distt.- Aurangabad 3.

Guddu Kumar S/o Ramjee Seth Vill.- Charan, PS- Mali, Distt.- Aurangabad 4.

Ramakant Kumar S/o Kundal Seth Vill.- Charan, PS- Mali, Distt.- Aurangabad 5.

Rajesh Seth S/o Late Naresh Seth Vill.- Charan, PS- Mali, Distt.- Aurangabad 6.

Pintu Seth S/o Shiv Seth Vill.- Charan, PS- Mali, Distt.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Adv.

For the Opposite Party/s :

None.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-08-2025 Heard learned counsel for the petitioners.

2.The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Mali P.S. Case No. 114 of 2025 instituted for the offence under Sections 191(2), 190, 127(2), 115(2), 109, 132, 253, 352 of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. The case of the prosecution is that one Dhananjay Soni was apprehended by the police with illicit liquor. It is also alleged that the petitioners, along with others, got Dhananjay Soni released from police forcefully. It is further alleged that the

Patna High Court CR. MISC. No.45742 of 2025(2) dt.04-08-2025 2/3 petitioners assaulted the police party. Videography of the incident was made, and the local chowkidar has identified 10 persons involved in the occurrence.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. He also submits that from perusal of the FIR, it will transpire that the nature of allegation is general and omnibus. There is no specific allegation against any of the person. The fact is that the petitioners were opposing the illegal actions of the police due to which they have been planted in this case. It has lastly been submitted that petitioner nos. 4 and 5 are having one criminal antecedent whereas petitioner nos. 1, 2 and 3 are having no criminal antecedents.

5. No one is present to represent the State.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Mali P.S. Case No. 114 of 2025, they will be enlarged on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.45742 of 2025(2) dt.04-08-2025 3/3 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise 2nd, Aurangabad, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Sudhanshu/- U T