Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62475 of 2024 Arising Out of PS. Case No.-170 Year-2024 Thana- Excise P.S. District- Supaul ====================================================== Amit Kumar Son of Late Chandar Kamat Village -Nagar Parishad, ward no 12, PS and District -supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrit Abhijat For the Opposite Party/s :

Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2022.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of five cases and allegation is of recovery of 38.415 liters of liquor from a place behind the house of the petitioner and Sajan Kumar.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to public at large and he came to be implicated based on secret information,

Patna High Court CR. MISC. No.62475 of 2024(2) dt.02-09-2024 2/2 which is the easiest way to implicate someone and at times to save the real culprits. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically.

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000 /- (Rupees Twenty Five thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Exclusive Special Judge, Excise, Court No. 2, Supaul in connection with Prohibition Supaul P.S. Case No. 170 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Sudhanshu/- U T