Aman Kumar @ Aman Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64654 of 2025 Arising Out of PS. Case No.-346 Year-2025 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Aman Kumar @ Aman Kumar Singh, S/O Ashok Singh @ Ashok Kumar Singh, R/O Village- Chhapra Bhusaulwa, P.S- Pakaridayal, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-09-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Muffasil P.S. Case No. 346 of 2025, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. The police, based upon the secret information raided the house of co-accused Rakesh Das. Noticing the police party, three of the accused persons succeeded in fleeing away, however, wife of the co-accused Rakesh Das was apprehended. In course of search total 557.30 litres of foreign liquor was recovered. The apprehended person disclosed the name of the
Patna High Court CR. MISC. No.64654 of 2025(2) dt.24-09-2025 2/3 petitioner and others, who kept the liquor in her house.
4. Learned Advocate appearing on behalf of the petitioner submitted that admittedly the alleged recovery has been made from the house of Rakesh Das, with whom the petitioner has no concern; however, only on account of some previous enmity, his name has been confessed by the wife of the co-accused. There are various other infirmities in the search and seizure, besides no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita. The petitioner bears fair antecedent and he undertakes before this Court that he will fully cooperate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the petitioner is a member of the gang who are involved in trade of illicit wine.
6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the fact that the alleged recovery has been made from the house of co-accused person with whom the petitioner has no concern, coupled with the fair antecedent, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of
Patna High Court CR. MISC. No.64654 of 2025(2) dt.24-09-2025 3/3 receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.-1, Motihari, East Champaran in connection with Muffasil P.S. Case No. 346 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) supratim/- U T