Amarnath Kumar @ Amarnath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5765 of 2025 Arising Out of PS. Case No.-2386 Year-2024 Thana- Excise P.S. District- Patna ====================================================== 1.

Amarnath Kumar @ Amarnath Yadav S/O Jugehwar Rai R/O Vill.- Kripaltola Gabdhochak, P.S.- Nadi, Dist.- Patna 2.

Ramnath Kumar @ Ramnath Yadav S/O Jugeshwar Rai R/O Mauzipur, Fatuha, P.S.- Nadi, Dist.- Patna ... ... Petitioner/s

Versus

The State of Bihar Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 29-04-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30 (a) and 56 (b) of the Bihar Prohibition and Excise Act.

3. Perusal of the first information report and the seizure list would go to show that 257.760 liters of foreign has been recovered from a truck.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case and no recovery has been made from their conscious physical possession. They have been roped in this case by the police on

Patna High Court CR. MISC. No.5765 of 2025(3) dt.29-04-2025 2/2 a secret information. It is further submitted that one Ajay Prasad, who is the owner of the said truck, has already been granted privilege of anticipatory bail vide order dated 23.04.2025 passed in Cr. Misc. No.6959 of 2025. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Excise P.S. Case No.2386 of 2024, subject to the condition as laid down under Section 482 (2) Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

(Soni Shrivastava, J) Trivedi/- U