Amarjit Kumar @ Amarjit Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60304 of 2025 Arising Out of PS. Case No.-114 Year-2025 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Amarjit Kumar @ Amarjit Yadav S/o Late Indradev Yadav @ Ino Yadav R/o Village- Musechak, Ward No. 1, P.S.- S. Kamal, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivanand Singh, Advocate For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with S. Kamal P.S. Case No. 114 of 2025 instituted under Sections 30(a) and 41(1) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 547.56 liters of foreign liquor has been recovered from a pickup van and a motorcycle. It is alleged that the petitioner managed to flee away from the spot after seeing the police.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case on the disclosure statement made by the apprehended coaccused Chandan Kumar Dinu. The petitioner was not present at
Patna High Court CR. MISC. No.60304 of 2025(2) dt.16-09-2025 2/3 the spot and nothing has been recovered from the conscious possession of the petitioner. Place of recovery is an open place which is accessible to the public at large and no-one has seen the petitioner fleeing away from the spot. On the basis of the one criminal of similar nature, the petitioner has been implicated in this case. There is no independent witness to the seizure list. The petitioner has three criminal antecedents out of which one is of similar nature and he undertakes to cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court of Exclusive Special Judge, Excise II, Begusarai in connection with S. Kamal P.S. Case No. 114 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with further following conditions;
Patna High Court CR. MISC. No.60304 of 2025(2) dt.16-09-2025 3/3 (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) The petitioner shall desist from committing any such criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Sunil Dutta Mishra, J) AjayMishra/- U T