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2025 DAILYLAW 29490 (PAT)

Amarjeet Nut v. The State of Bihar

CR. MISC./20189/2025 · 2025-04-03

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20189 of 2025 Arising Out of PS. Case No.-20 Year-2025 Thana- ISUAPUR District- Saran ====================================================== Amarjeet Nut S/O Gena Nut R/O Vill.- Dewariya, P.S- Taraiya, Dist- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raushan Raj, Advocate For the Opposite Party/s : Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 03-04-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Isuapur P.S. Case No. 20 of 2025, instituted for the offences punishable under Section 61 of the Bharatiya Nyaya Sanhita, 2023 read with Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that, 600 liters spirit was recovered from drums which was hidden in the bush. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of spirit. Learned counsel for the petitioner also submits that the alleged recovery has been Patna High Court CR. MISC. No.20189 of 2025(2) dt.03-04-2025 2/2 made from an open place which is easily accessible to public at large. The petitioner was not present at the place of occurrence. It is further submitted that name of the petitioner has transpired in this case on the basis of disclosure made by local chowkidar. The petitioner is in custody since 13.02.2025 and has got four criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Isuapur P.S. Case No. 20 of 2025. Rajorshi/- (Rudra Prakash Mishra, J) U T