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Patna High CourtCR. MISC./49429/2025disposed

Amarjit Bin @ Amarjeet Bind v. The State Of Bihar

2025-08-11Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49429 of 2025 Arising Out of PS. Case No.-3 Year-2024 Thana- Chakki District- Buxar ====================================================== 1.

Amarjit Bin @ Amarjeet Bind S/O Yamuna Bin @ Yamuna Bind VillageGayghat, P.S.- Brahmpur, District- Buxar. 2.

Sarvjeet Bind @ Sarvajit Chaudhary S/O Yamuna Bin @ Yamuna Bind Village- Gayghat, P.S.- Brahmpur, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2025 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner No. 1 has antecedent of two cases and petitioner No. 2 has antecedent of one case and allegation is of recovery of 153 litres of liquor from a bush near side of an embankment. 4.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even alleged

Patna High Court CR. MISC. No.49429 of 2025(2) dt.11-08-2025 2/3 recovery is from a place which does not belong to the petitioners and is accessible to public at large and they came to be implicated based on secret information which is the easiest way to implicate someone.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chakki P.S. Case No. 3 of 2024 subject to the conditions as laid down under Section 482(2) of the BNSS.

7.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioners and in the event if it is found that petitioner No. 1 has antecedent of more than two cases and petitioner No. 2 has antecedent of more than one case then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their

Patna High Court CR. MISC. No.49429 of 2025(2) dt.11-08-2025 3/3 antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner No. 1 has antecedent of two cases and petitioner No. 2 has antecedent of one case in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sumit/- U T