Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72167 of 2025 Arising Out of PS. Case No.-219 Year-2025 Thana- HARSIDHI District- East Champaran ====================================================== Amit Kumar S/o- Rinku Sahani @ Rinku Sahni, Resident of village -Damobriti Damovriti P.s -Harsidhi District-East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Ranjana Srivastava, Advocate.

For the Opposite Party/s :

Ms. Pronoti Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Sections 30(a), 32 & 41(1) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 210 litre illicit country made liquor from a Chewar situated near the bank of river in village Damobriti and one co-accused, namely, Nand Kishor Kumar was apprehended on the spot who disclosed the fact that the petitioner alongwith other co-accused persons have fled away from the spot on seeing the police.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to village politics. He further submits that the

Patna High Court CR. MISC. No.72167 of 2025(2) dt.17-10-2025 2/2 petitioner was not present on the spot and no incriminating article has been recovered from his conscious possession. Learned counsel submits that the alleged recovery has been made from an open place which is accessible to public at large and he has no concern with the alleged seized liquor. He further submits that petitioner has got clean antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, East Champaran, Motihari in connection with Harsidhi P.S. Case No.219 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

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