Aman Kumar @ Deton v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84099 of 2025 Arising Out of PS. Case No.-315 Year-2025 Thana- Excise P.S. District- Katihar ====================================================== Aman Kumar @ Deton S/O Late Mahesh Prasad Singh @ Late Mahesh Singh Resident of Village- Durgapur, P.S- Nagar, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimal Kumar, Advocate For the State :
Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 17-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Katihar Excise P.S. Case No. 315 of 2025, dated 06.09.2025, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (Amendment Act, 2018).
3. As per allegation, total 342 litre of illicit liquor has been recovered from a pick-up van and a motorcycle. As per further case of the prosecution, two persons were riding the pick-up van and one person was standing by the road with a motorcycle. Seeing the police, two persons were fled away and one persons was apprehended, who confessed to the police that his name is Prabhat Kumar Singh and the persons who fled
Patna High Court CR. MISC. No.84099 of 2025(2) dt.17-12-2025 2/3 away were the petitioner and co-accused Phul Khan. It is further case of the prosecution that as per the confessional statement of co-accused, Prabhat Kumar Singh, he along with the other coaccused, including the petitioner, had to distribute the liquor to the customer.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that except the confessional statement of co-accused, Prabhat Kumar Singh, there is no legally admissible material on record to show that the petitioner was connected with the alleged offence. The whole case is based only on suspicion and the petitioner is also not owner of the pick-up van and the motorcycle.
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 bail petition that the petitioner has no criminal antecedents.
7. However, learned 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,
Patna High Court CR. MISC. No.84099 of 2025(2) dt.17-12-2025 3/3 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 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Katihar Excise P.S. Case No. 315 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents other than the disclosed one, learned 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, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T