Aman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3175 of 2025 Arising Out of PS. Case No.-155 Year-2024 Thana- SANHAULA District- Bhagalpur ====================================================== Aman Kumar Son of Manoj Mandal R/Vill -Kashil PS -Goradiah Dist -Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajive Ranjan Singh For the Opposite Party/s :
Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-02-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Sanhaulla P.S. No.155 of 2024, disclosing offences under Section 317(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution story, during a vehicle check, a speeding Tata Tiago car driven by the co-accused tried to escape but was apprehended, who disclosed his name as Ravindra Kumar. Upon search, the police recovered a mobile phone and 126 bottles of foreign liquor totalling 47.250 liters in the car. The arrested co-accused persons claimed that Maharana Pratap gave him the liquor in Godda to transport and that the car itself was stolen.
Patna High Court CR. MISC. No.3175 of 2025(2) dt.19-02-2025 2/3
4. Learned Counsel for the petitioner submits that the petitioner is innocent and is not named in the FIR and he has falsely been implicated in the present case on the basis of disclosure made by the arrested co-accused person. He next submits that the petitioner was not present at the place of occurrence and nothing has been recovered from the conscious possession of the petitioner and/or vehicle belonging to him. He further submits that the similarly situated co-accused person has been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. 1874 of 2025.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the similarly situated co-accused person has been granted anticipatory bail by a Co-ordinate Bench of this Court, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge 12th-cum-Special Judge Excise-2, Bhagalpur, in connection with
Patna High Court CR. MISC. No.3175 of 2025(2) dt.19-02-2025 3/3 Sanhaulla P.S. No.155 of 2024 , subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) harshpandey/- U T