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Patna High CourtCR. MISC./55510/2025allowed

Amir Kumar v. The State Of Bihar

2025-09-01Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55510 of 2025 Arising Out of PS. Case No.-54 Year-2025 Thana- MANIYARI District- Muzaffarpur ====================================================== Amir Kumar S/O Late Ganesh Mahto R/O- Hari Shabha Chowk,Town P.SMuzaffarpur, Distt.-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Jiban Pd Singh, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 01-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Maniyari P.S. Case No. 54 of 2025, instituted under Section 317(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition & Excise Act.

3. There is recovery of 80.460 litre foreign liquor from the dicky of a Scorpio which was driven by co-accused Aman Kumar.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case being owner of the seized vehicle. Petitioner in good faith had given the said vehicle to co-accused as he had to go to Prayagraj. Petitioner had no knowledge about the seized liquor

Patna High Court CR. MISC. No.55510 of 2025(2) dt.01-09-2025 2/2 kept in his vehicle. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has two criminal antecedents, which are not of similar nature. Petitioner undertakes to co-operate 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 submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise 2nd, Muzaffarpur in connection with Maniyari P.S. Case No. 54 of 2025, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

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