Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60767 of 2025 Arising Out of PS. Case No.-221 Year-2025 Thana- AMAS District- Gaya ====================================================== Amit Kumar Son of Satyendra Lal, Resident of Village- Taradih, P.S.- Amas, District- Gaya Jee.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Sinha, Advocate.

For the Opposite Party/s :

Mr. Mohammad Sufyan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Amas P.S. Case No.221 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 100 litre illicit country made liquor from the Toto E-rickshaw bearing Registration No. BR-02ER-7765 near Village Kathak, Bigha Mod and the driver of said vehicle who is petitioner tried to flee away from the spot leaving his vehicle but was apprehended on chase.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case being the driver of the seized E-rickshaw. He further submits that petitioner had no knowledge about the fact that the said illicit liquor was left by the passenger who fled away after seeing the police. Learned counsel submits that no incriminating article has

Patna High Court CR. MISC. No.60767 of 2025(2) dt.18-09-2025 2/2 been recovered from the conscious possession of petitioner. He further submits that petitioner has no concern with the alleged seized liquor. Learned counsel submits that seizure list has not been prepared in accordance with mandatory provisions of law. He further submits that petitioner is in custody since 09.07.2025, having clean antecedent and charge sheet had already been submitted in this case after completion of investigation. Learned counsel submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.5, Gaya in connection with Amas P.S. Case No.221 of 2025.

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