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Patna High CourtCR. MISC./61552/2025allowed

Amarjeet Kumar Singh @ Amarjeet Kumar @ Bhola v. The State Of Bihar

2025-09-23Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61552 of 2025 Arising Out of PS. Case No.-355 Year-2024 Thana- TILAUTHU District- Rohtas ====================================================== Amarjeet Kumar Singh @ Amarjeet Kumar @ Bhola S/o Bikram Singh @ Bikrama Singh Resident of Village- Indrapuri, P.S.- Tilauthu, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Kant For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Tilauthu P.S. Case No. 355 of 2024 registered for the offences punishable under Section 317(5) of B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 55 liter illicit liquor was recovered from Pulsar motorcycle in question and 220 litre illicit liquor was recovered from Eon Car in question. Apprehended co-accused Vivek kumar disclosed the name of petitioner who fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that except disclosure of the apprehended co-accused, there is nothing on record to demonstrate the complicity of the present

Patna High Court CR. MISC. No.61552 of 2025(2) dt.23-09-2025 2/3 petitioner with the alleged occurrence. Petitioner was not found at the place of occurrence. He further submits that petitioner has no concern either with the seized Pulsar motorcycle or with the seized Eon Car. Petitioner has nothing to do with the alleged recovery. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act. Petitioner bears criminal antecedent of one case in which he is on bail.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special

Patna High Court CR. MISC. No.61552 of 2025(2) dt.23-09-2025 3/3 Excise Judge-II, Sasaram in connection with Tilauthu P.S. Case No. 355 of 2024, subject to the conditions as laid down under Section 482 (2)of BNSS.

7. The application stands allowed.

(Alok Kumar Pandey, J) alok/- U T