Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76853 of 2025 Arising Out of PS. Case No.-325 Year-2025 Thana- KAUWAKOL District- Nawada ====================================================== Amit Kumar Son of Virendra Mistri R/o Village- Jogachak, P.S.- Kawakol, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-11-2025

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 Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of four cases. It is submitted that some accused were apprehended along with arms who disclosed that other accused persons were coming with liquor, accordingly, the police based on the said information intercepted four motorcycles along with a Baleno car from which 250 liters of liquor was recovered and 5 accused were arrested.

4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and is not the

Patna High Court CR. MISC. No.76853 of 2025(2) dt.20-11-2025 2/2 owner of any of the seized vehicle. It is also submitted that no doubt pistol was recovered but then that was recovered from a Baleno car from which separate accused were arrested and a separate FIR with respect to the said occurrence was instituted. It is next submitted that the instant FIR has been instituted only under Bhartiya Nyay Sanhita and the excise act.

5. Learned A.P.P. for the State vehemently opposes the anticipatory bail application and submits that based on information provided by accused who were apprehended in arms act case, the liquor was recovered and some accused were arrested while petitioner fled whose name came to be disclosed by the apprehended accused. It is next submitted that it appears that the accused persons are indulging in organized crime of committing liquor trade, arms trade etc.

6. Considering the submissions made by the learned APP for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

7. Accordingly, the instant anticipatory bail application stands rejected.

(Satyavrat Verma, J) Rishabh/- U T