Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64162 of 2024 Arising Out of PS. Case No.-87 Year-2022 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Aman Kumar Son of Surendra Singh Village -Mohanpur, Ward No.1 Near Panchayat Bhawab, P.S -Muffasil, District. -Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-01-2026 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 188, 290, 414 and 120B of IPC and Section 30(a) of the Bihar Excise Act. 3.

Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 587.52 litres of liquor out of which 45 litres of liquor was recovered from a car, 9 litres of liquor from a motorcycle and 533.52 litres of liquor from a place behind the house of Gopal Chaudhary.

4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was

Patna High Court CR. MISC. No.64162 of 2024(6) dt.31-01-2026 2/3 recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized motorcycle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated, it is further submitted that petitioner was completely unaware that Krishna Chandra Mishra would misuse the vehicle in the manner as alleged, who was also apprehneded from the spot.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Naokothi (Nowkothi) P.S. Case No. 87 of 2022, subject to the conditions as laid down under Section 482(2) of the BNSS.

7.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the

Patna High Court CR. MISC. No.64162 of 2024(6) dt.31-01-2026 3/3 event if it is found that petitioner has antecedent of more than two cases then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of two cases in that event the provisional anticipatory bail order shall be confirmed forthwith.

8.

At this stage, the learned counsel for the petitioner based on instruction submits that petitioner undertakes to deposit an amount of Rs. 2,500/- with Advocates' Association, Patna High Court within a period of two weeks from today. (Satyavrat Verma, J) Sumit/- U T