Amarjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83859 of 2024 Arising Out of PS. Case No.-1032 Year-2024 Thana- Excise P.S. District- Purnia ====================================================== Amarjit Kumar S/o- China Das Resident of Jalalpur ward no 10 P.S- Dalsingh sarai, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. Learned counsel for the petitioner prays for and is allowed to make necessary correction in the bail petition during course of the day.

3.

The petitioner seeks bail in connection with Excise PS Case No. 1032 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 4.

The prosecution case, in short, is that total 155.160 litres of foreign liquor was recovered from Toyota Car. 5.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.83859 of 2024(2) dt.09-12-2024 2/2 no concern with the alleged recovery of liquor. It is submitted that petitioner is the driver of the seized car and he has no knowledge regarding the nature of goods kept in the vehicle. The petitioner is in custody since 22.10.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Charge-sheet has been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise PS Case No. 1032 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T