Amarjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82460 of 2024 Arising Out of PS. Case No.-587 Year-2024 Thana- DAUDNAGAR District- Aurangabad ====================================================== Amarjeet Kumar Son of Late Jaglal chaudhari R/o-Village- Sinduar, Tola Jhauri bigaha, PS -Daudnagar, District- Aurangabad, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Rupa Kumari, Advocate For the State :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 04-12-2024 Heard Ld. counsel for the petitioner and Ld. APP for the State.
2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Daudnagar P.S. Case No. 587 of 2024, dated 19.09.2024, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the allegation, 50 litre of water soaked Mahua has been recovered in front of the house of the petitioner.
4. Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner has nothing to do with the alleged liquor and the Mahua. Even as the prosecution case,
Patna High Court CR. MISC. No.82460 of 2024(2) dt.04-12-2024 2/3 it has not been recovered from the conscious possession of the petitioner or from his house. Hence, no case is made out against the petitioner under the Excise Act.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner has no criminal antecedent.
7. However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs.10,000 /-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Special Judge, Excise-II, Aurangabad, in connection with Daudnagar P.S. Case No. 587 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:
(i) In case, it is brought to the notice of the court
Patna High Court CR. MISC. No.82460 of 2024(2) dt.04-12-2024 3/3 below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T