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Patna High CourtCR. MISC./61301/2025allowed

Amarjit Kumar @ Amarjeet Kumar v. The State Of Bihar

2025-09-24Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61301 of 2025 Arising Out of PS. Case No.-339 Year-2025 Thana- Excise P.S. District- Patna ====================================================== Amarjit Kumar @ Amarjeet Kumar S/o Sunil Kumar, Resident of Goraiya Asthan, P.S. - Maner, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Sections 274, 275, 317(5) of Bharatiya Nyaya Sanhita and Sections 30(a) and 32(3) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 69.120 litres of illicit liquor was recovered from the tempo in which petitioner was sitting.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Further submission is that on the date of occurrence, petitioner was sitting in the tempo in question as a passenger without knowing the illicit liquor kept therein. Petitioner has no concern with the seized liquor. Nothing has been recovered from

Patna High Court CR. MISC. No.61301 of 2025(2) dt.24-09-2025 2/2 conscious possession of the petitioner. Petitioner has no criminal antecedent and there is no chance of his absconding or tampering with the evidence. Petitioner is in custody since 26.06.2025. The charge-sheet after completion of investigation has already been filed and petitioner undertakes to cooperate in the trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties and period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Special Excise Case No. 1605 of 2025, arising out of Excise Danapur P.S. Case No. 339 of 2025.

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