Amarjeet Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Amarjeet Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Petitioner released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-II, Samastipur/concerned Court below in connection with Tajpur P.S. Case No. 81 of 2022, subject to Section 438(2) CrPC conditions and a deposit of Rs. 10,000/- in Ramakrishna Mission Ashram, Bela, Muzaffarpur with production and verification of the receipt.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Tajpur P.S. Case No. 81 of 2022 (offences under Sections 272, 273/34 IPC and Section 30(a), 41(i)(ii) of the Bihar Prohibition and Excise Amendment Act; recovery of 360 liters of illicit liquor), should be released on bail.

Court's answer

Considering the facts (only 9 liters recovered from petitioner's motorcycle, nothing from his possession, name surfaced during investigation, clean antecedent), the application is allowed and the petitioner is to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-II, Samastipur/concerned Court below, subject to the conditions laid down in Section 438(2) CrPC.

Ratio / Principle

Bail is additionally conditioned on the petitioner depositing Rs. 10,000/- in Ramakrishna Mission Ashram, Bela, Muzaffarpur and producing the receipt before the Court below; the bail bonds shall be accepted only after verifying the genuineness of that receipt.

Detailed headnote1 paragraphs

Bail application (applicant apprehending arrest, i.e., anticipatory-bail framework under Section 438(2) CrPC) by Amarjeet Kumar in connection with Tajpur P.S. Case No. 81 of 2022, Samastipur, registered under Sections 272, 273/34 IPC and Section 30(a), 41(i)(ii) of the Bihar Prohibition and Excise Amendment Act, involving recovery of 360 liters of illicit liquor, of which only 9 liters was allegedly recovered from a motorcycle owned by the petitioner and nothing from his possession, with clean antecedents — application allowed by Justice Sandeep Kumar (Patna HC, CR. MISC. No.37660 of 2024, 03-01-2025); petitioner directed to be released on bail on a bond of Rs. 10,000/- with two sureties of the like amount each, subject to Section 438(2) CrPC conditions and an additional deposit of Rs. 10,000/- in Ramakrishna Mission Ashram, Bela, Muzaffarpur, with bail bonds accepted only after verification of the deposit receipt.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37660 of 2024

Arising Out of PS. Case No.-81 Year-2022 Thana- TAJPUR District- Samastipur

======================================================

Amarjeet Kumar Son of Suresh Ray R/O - village- Banbira, P.s - Tajpur , Dist- Samastipur

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Mahendra Pratap For the Opposite Party/s : Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

4 03-01-2025

Heard learned counsel for the petitioner and

learned APP for the State.

The petitioner apprehends his arrest in connection with Tajpur P.S. Case No. 81 of 2022 registered for the offence under Sections 272, 273/34 of the Indian Penal Code and under Section 30(a), 41(i)(ii) of the Bihar Prohibition and Excise Amendment Act.

As per the prosecution case, there is recovery of 360 liters of illicit liquor.

It has been submitted by the learned counsel for the petitioner that out of recovery of 360 liters of illicit liquor, 9 liters of illicit liquor has been recovered from a motorcycle of which the petitioner is the owner and nothing has been recovered from his possession. He further submits that the

Patna High Court CR. MISC. No.37660 of 2024(4) dt.03-01-2025 2/2

petitioner’s name has come in this during investigation and the petitioner has clean antecedent.

Considering the aforesaid facts, this application

is allowed.

Let the petitioner, above named, 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 the learned Subordinate Court of learned Special Judge, ExciseII, Samastipur/concerned Court below in connection with Tajpur P.S. Case No. 81 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

This is also subject to the condition that the petitioner shall deposit an amount of Rs. 10,000/- (Rupees Ten Thousand Only) in Ramakrishna Mission Ashram, Bela, Muzaffarpur and produce the receipt of the same before the Court below. The bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by the petitioner.

(Sandeep Kumar, J) Vikas/- U