Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51781 of 2024 Arising Out of PS. Case No.-66 Year-2024 Thana- MUSRIGHRARI District- Samastipur ====================================================== Amit Kumar S/O Ram Chandra Mahto R/O Village- Ward No.-13, Salempur, Rupauli Bujurg, Distt.- Samastipur. Wrong Address Given As- VillageBarbatta, P.S- Mushrigharari, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar,Adv.

For the Opposite Party/s :

Mr. Parmanand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Musarigharari P.S. Case No. 66 of 2024 registered for the alleged offences under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act.

03. As per prosecution case, police raised secret information about petitioner indulging in trade of illicit liquor. A raid was conducted and recovery of 12.42 litre of illicit foreign liquor was made from a maize field behind the house of the petitioner.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. As is apparent from the F.I.R. the recovery has been made from

Patna High Court CR. MISC. No.51781 of 2024(2) dt.21-08-2024 2/3 the maize filed but the said field does not belong to this petitioner and is an area accessible to all. The police personnel were having previous grudge with the petitioner and for this reason he has been made accused in this case. The petitioner has no connection with the seized liquor or storage of the same and is not involved in any manner in the alleged occurrence. Except for disclosure allegedly made by the locals, there is no material against the petitioner who is having antecedent of one case.

05. Learned A.P.P. for the State opposes the submission made on behalf of the learned counsel for the petitioner. Learned A.P.P. submits that the petitioner is having antecedent of similar nature of case.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the fact that no recovery has been shown from the petitioner and further considering possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of Court of learned Exclusive Special Judge, Excise No.01, Samastipur in connection with Musarigharari P.S. Case No. 66 of 2024, subject to the condition laid down under

Patna High Court CR. MISC. No.51781 of 2024(2) dt.21-08-2024 3/3 Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) anuradha/- U T