Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82215 of 2025 Arising Out of PS. Case No.-358 Year-2025 Thana- OBRA District- Aurangabad ====================================================== Amarjeet Kumar S/O Shivnarayan Yadav R/O Village- Mahadeva, P.S- Obra, Distt.- Aurangabad, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rupa Kumari For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-12-2025

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Obra P.S. Case No. 358 / 2025 dated 18.10.2025 registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. As per the first information report the Police received secret information that the petitioner along with other accused persons were running liquor kiln in Mahadeva village, East of Govardhan Pahad in the Sone Diara area to manufacture and sell liquor. Upon that information, the Police proceeded towards the place of occurrence and upon seeing the police party many persons assembled there started fleeing away. During search, 550 liters of illicit country made mahua liquor, 28 small and large aluminum pans, approximately 10,000 java mahua flowers

Patna High Court CR. MISC. No.82215 of 2025(2) dt.10-12-2025 2/3 and 21 kilns were seized and destroyed.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The name of the petitioner surfaced in the disclosure made by the Chaukidar and the co-villagers. Nothing has been recovered from the premises belonging to the petitioner inasmuch as recovery is from Diara area near the bank of Sone river. The materials / equipments have not been recovered from the conscious possession and / or premises belonging to the petitioner. The petitioner has no criminal antecedent.

5. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has been recovered from an open space in the Sone Diara area accessible to all and sundry, seized materials / equipments have not been recovered from the conscious possession and / or premises belonging to the petitioner and the petitioner has no criminal antecedent, accordingly , I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, 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

Patna High Court CR. MISC. No.82215 of 2025(2) dt.10-12-2025 3/3 sureties of the like amount each to the satisfaction of Special Judge, Excise Court No. 02, Aurangabad, Bihar in connection with Obra P.S. Case No. 358 / 2025 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