Amod Kumar @ Amod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54752 of 2025 Arising Out of PS. Case No.-440 Year-2025 Thana- SONEPUR District- Saran ====================================================== 1.

Amod Kumar @ Amod Rai S/o Lalbabu Ray, R/o Village - Sabalpur Newal Tola @ Sabalpur Nawal Tola, P.S. - Sonpur @ Sonepur, District - Saran. 2.

Ankit Kumar S/o Amod Kumar @ Amod Rai, R/o Village - Sabalpur Newal Tola @ Sabalpur Nawal Tola, P.S. - Sonpur @ Sonepur, District - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Advocate.

For the Opposite Party/s :

Mr. Rana Randhir Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Sonpur @ Sonepur P.S. Case No.440 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 372.375 litres Indian made foreign liquor from the house of coaccused Vishal Kumar and it is alleged that petitioners fled away from the spot.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case by the local Chaukidar due to village politics. He further submits that petitioners have no concern with the seized liquor or the co-accused Vishal Kumar. Learned counsel submits that

Patna High Court CR. MISC. No.54752 of 2025(2) dt.27-08-2025 2/2 except the disclosure statement of the local Chaukidar, there is no material against the petitioners. He further submits that no incriminating article has been recovered from the conscious possession of the petitioners. Petitioner no.1 has one criminal antecedent and petitioner no.2 has got clean antecedent and they undertake to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Sonpur @ Sonepur P.S. Case No.440 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) Ritik/- U T