Amarjeet Kumar @ Amarjit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 82296 of 2025 Arising Out of PS. Case No.-315 Year-2025 Thana- Excise P.S. District- Samastipur ====================================================== Amarjeet Kumar @ Amarjit Singh S/o- Late Nanki Singh Village - Baghi , Police Station - Karpurigram , District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap, Advocate For the Opposite Party/s :

Ms.Sangeeta Sharma,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-12-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Sadar Excise P.S.Case No.315 of 2025, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act.

3. The prosecution case in short is that total 216 ltrs. of foreign liquor recovered from a bamboo fencing, which is situated in front of the dilapidated house of the petitioner.

4. The learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and the alleged recovery of the illicit liquor has been made from the bamboo fencing situated in front of the house of the petitioner, which was abandoned at the time of the seizure. Learned

Patna High Court CR. MISC. No. 82296 of 2025(2) dt.10-12-2025 2/3 counsel further submitted that the place of recovery is open place, which is accessible to anyone.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions of the parties, considering the fact that the place of recovery is open place, which is accessible to anyone, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise II, Samastipur in connection with Sadar Excise P.S.Case No.315 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of BNSS.

7. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

8. The Superintendent of Police, Samastipur is directed to submit a report before the Director General of Police

Patna High Court CR. MISC. No. 82296 of 2025(2) dt.10-12-2025 3/3 (Bihar), Additional Secretary, Prohibition, Excise & Registration Department, Bihar and the Chief Secretary, Government of Bihar as to why he is not able to control the trade of illicit liquor within his jurisdiction.

(Purnendu Singh, J) chn/- U T