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2025 DAILYLAW 9873 (PAT)

Aman Kumar @ Aman Kumar Singh v. The State of Bihar

CR. MISC./2612/2025 · 2025-02-15

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2612 of 2025 Arising Out of PS. Case No.-187 Year-2024 Thana- BARURAJ District- Muzaffarpur ====================================================== Aman Kumar @ Aman Kumar Singh Son of Surendra Singh Vill. -Siswa Ps-. Baruraj Dist.- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 4394 of 2025 Arising Out of PS. Case No.-187 Year-2024 Thana- BARURAJ District- Muzaffarpur ====================================================== Subodh Kumar @ Subodh Bhagat S/o Tilak Bhagat R/o Vill.- Baruraj dakhi, Ps. - Baruraj, Dist.- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 2612 of 2025) For the Petitioner/s : Mr. Priyesh Kumar, Adv. For the Opposite Party/s : Mr. Madhura Nand Jha, APP (In CRIMINAL MISCELLANEOUS No. 4394 of 2025) For the Petitioner/s : Mr. Priyesh Kumar, Adv. For the Opposite Party/s : Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 3 15-02-2025 1. Since both these applications arise out of Baruraj P.S. Case No. 187 of 2024, with the consent of the parties, both these applications are heard together. 2. Heard learned Counsel for the petitioners and learned APP for the State. 3. These applications, for grant of anticipatory bail, Patna High Court CR. MISC. No.2612 of 2025(3) dt.15-02-2025 2/3 arises out of Baruraj P.S. Case No. 187 of 2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act. 4. As per the First Information Report, on 02.10.2024 police party on secret information that local traders have kept illegal liquor near government pond situated at village Siswan and were dealing in the same, reached the place of occurrence. Upon seeing the police party five persons came out from hut and started fleeing away and succeeded in the same. Police recovered 1184.1 liters of illicit liquor from the hut. Petitioners were identified by the local chowkidar while fleeing. 5. Learned Counsel for the petitioners submits that petitioners have not committed offence in the manner alleged and have falsely been implicated in this case. The petitioners have been made accused only on the basis of disclosure of their name by village chowkidar. He further submits that illicit liquor has not been recovered from conscious possession of petitioners rather it has been recovered from a hut situated near government pond. 6. Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that illicit liquor has not been recovered from premises belonging to Patna High Court CR. MISC. No.2612 of 2025(3) dt.15-02-2025 3/3 the petitioners or from their conscious possession and their name transpired on the basis of disclosure made by chowkidar, I am inclined to grant the privilege of anticipatory bail to the petitioners. 7. These applications are, accordingly, allowed. 8. Let petitioners, above named in the event of their arrest or surrender before the Court below within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Court No.II, Muzaffarpur in connection with Baruraj P.S. Case No. 187 of 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. Suruchi/- (Anil Kumar Sinha, J) U T