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2025 DAILYLAW 50596 (PAT)

Amarjeet Kumar v. The State of Bihar

CR. MISC./38653/2025 · 2025-06-27

S B P Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38653 of 2025 Arising Out of PS. Case No.-2768 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Amarjeet Kumar S/O Suresh Prasad R/o - Bahri Dhawalpura, P.S.- Bye Pass, Distt.- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ram Jiban Pd Singh, Adv. For the Opposite Party/s : Mr. Sanjay kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 2 27-06-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner has preferred this application for grant of anticipatory bail in connection with Patna Excise P. S. Case No. 2768 of 2024 registered for the offences punishable under Section 30(a) and 56(b) of the Bihar Prohibition and Excise (Amendment) Act, 2018. 3. As per allegation, recovery of 10 litres of illicit country made chullai liquor has been made from a Scooty which is the subject matter of the present case. 4. Learned counsel for the petitioner submits that petitioner is quite innocent and has falsely been implicated in this case. He has no concern with the alleged recovery or with the place of occurrence. He submits that the said scooty was Patna High Court CR. MISC. No.38653 of 2025(2) dt.27-06-2025 2/2 parked on the side of the road. The enemy of the petitioner took the police in his collusion and planted the story of recovery of the alleged liquor for the purpose of implication the petitioner in the case. Actually, nothing incriminating has been recovered from the said scooty. Petitioner is not named in the F.I.R, he is the owner of alleged seized scooty. He submits that proper search and seizure has not been followed in this case. He further submits that petitioner has got no criminal antecedent. 5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner. 6. Keeping in view the aforesaid facts and considering the clean antecedent of the petitioner, let the petitioner, above named, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise - III rd, Patna in connection with Patna Excise P. S. Case No. 2768 of 2024. prabhakar/- (S. B. Pd. Singh, J) U T