Amarnath @ Bittu Sah @ Amarnath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79512 of 2025 Arising Out of PS. Case No.-144 Year-2021 Thana- SABAUR District- Bhagalpur ====================================================== 1.

Amarnath @ Bittu Sah @ Amarnath Kumar S/O Paswan Kumar Sah Resident of Village- Bardiha, Ward No. 12, P.S.- Jagdishpur, DistrictBhagalpur. 2.

Ujjwal Kumar @ Ujjwal Yadav S/O Srikant Marik @ Shri Kanta Mareek R/O Village- Nahar Chauk, Birniyan, P.S- Godda, Distt.- Godda, StateJharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No. Ii For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-12-2025

1. Heard the parties.

2. The petitioners apprehend their arrest in connection with Sabour P.S. Case No. 144 / 2021 dated 29.05.2021 registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the first information report a total quantity of 121.365 liters of foreign liquor has been recovered from a Maruti Suzuki SX4 Car bearing registration no. WB02Y7767 and the Police party apprehended the driver of the Car namely Ranjeet Yadav.

Patna High Court CR. MISC. No.79512 of 2025(2) dt.03-12-2025 2/3

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case by the Police due to oblique motive. The name of the petitioners transpired in this case in the statement of the apprehended person namely Ranjeet Yadav. The vehicle from which the alleged liquor was recovered does not belong to the petitioners. The petitioner no. 1 has three antecedent of similar nature of offence whereas the petitioner no. 2 has one antecedent of similar nature of offence.

5. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the conscious possession and / or vehicle belonging to the petitioners and their name was disclosed by the person who was driving the car in question, accordingly , I am inclined to grant anticipatory bail to the petitioners.

6. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Judge Exclusive Excise Court No. 2, Bhagalpur in connection with Sabour P.S. Case No. 144 / 2021

Patna High Court CR. MISC. No.79512 of 2025(2) dt.03-12-2025 3/3 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023.

(Anil Kumar Sinha, J) praful/- U T