Allowed¶22

Amarjeet Kumar v. The State of Bihar

Patna HC4 Jul 2025CR. MISC./40348/2025

Case brief

AI extract

What is this about?

Patna HC, Cr. Misc. No.40348 of 2025 (decided 04-07-2025, Ashok Kumar Pandey, J): anticipatory bail allowed to Amarjeet Kumar in Gardanibagh P.S. Case No. 200 of 2018 under Section 37(a) & (b) Bihar Prohibition and Excise Amendment Act; surrender within four weeks; bail bond Rs. 10,000 with two like sureties; satisfaction of Special Judge Excise and Prohibition, Patna; conditions under section 438(2) Cr.P.C.

What did the court decide?

Anticipatory bail allowed: petitioner to surrender in the Court below within four weeks; on arrest or surrender in connection with Gardanibagh P.S. Case No. 200 of 2018, to be enlarged on bail on furnishing bail bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of learned Special Judge Excise and Prohibition, Patna, subject to conditions under section 438(2) Cr.P.C. ¶22

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

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Gardanibagh P.S. Case No. 200 of 2018 instituted for offence under Section 37(a) & (b) of the Bihar Prohibition and Excise Amendment Act, is entitled to anticipatory bail.

¶16

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances, the Court is inclined to enlarge the petitioner on bail.

¶22

Ratio / Principle

The petitioner is directed to surrender in the Court below within a period of four weeks from the date of the order.

¶22

Key takeaways

In the event of the petitioner's arrest or surrender in connection with Gardanibagh P.S. Case No. 200 of 2018, he is to be enlarged on bail.ratio¶22
Enlargement is conditioned 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 and Prohibition, Patna.ratio¶22
The bail enlargement is subject to the conditions laid down under section 438(2) of the Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail granted — Amarjeet Kumar v. The State of Bihar, Criminal Miscellaneous No.40348 of 2025, High Court of Judicature at Patna (Ashok Kumar Pandey, J), decided 04-07-2025. Petitioner apprehended arrest in Gardanibagh P.S. Case No. 200 of 2018, instituted for offence under Section 37(a) & (b) of the Bihar Prohibition and Excise Amendment Act; prosecution case was recovery of altogether 5 liters of country made liquor from a backpack in the possession of Suraj Kumar riding bike no. BR01BX9958. Counsel submitted petitioner owned the bike, nothing was recovered from him and he had no criminal antecedent; the APP opposed the prayer. The Court directed the petitioner to surrender in the Court below within four weeks; in the event of arrest or surrender in connection with the said case he is to be enlarged on bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of learned Special Judge Excise and Prohibition, Patna, subject to conditions under section 438(2) Cr.P.C.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40348 of 2025

¶2

Arising Out of PS. Case No.-200 Year-2018 Thana- GARDANIBAG District- Patna

¶3

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

¶4

Amarjeet Kumar, Son of Late Balmiki Singh, Resident of Village - Sekhpura, Police Station - Airport, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

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

¶10

Appearance :

¶11

For the Petitioner/s : Mr. Satish Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kr. Pandey, APP I/c

¶12

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

¶13

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

¶14

2 04-07-2025

¶15

Heard Mr. Satish Kumar, learned counsel for the petitioner and Mr. Sanjay Kr. Pandey, learned APP I/c for the State.

¶16

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Gardanibagh P.S. Case No. 200 of 2018 instituted for the offence under Section 37(a) & (b) of the Bihar Prohibition and Excise Amendment Act.

¶17

The case of the prosecution is that from possession of Suraj Kumar who was riding bike no. BR01BX9958, altogether 5 liters of country made liquor was recovered from a backpack.

¶18

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

¶19

Patna High Court CR. MISC. No.40348 of 2025(2) dt.04-07-2025 2/2

¶20

committed no offence. He has falsely been implicated in this case. It has further been submitted that petitioner is the owner of the bike that is why he has been framed in this case. Nothing has been recovered from his possession. He is having no knowledge regarding the alleged liquor and seizure. He is having no criminal antecedent.

¶21

Learned APP appearing for the State has opposed the prayer of bail of the petitioner.

¶22

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Gardanibagh P.S. Case No. 200 of 2018, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise and Prohibition, Patna, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

¶23

(Ashok Kumar Pandey, J)

¶24

lata/- U T

Amarjeet Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Amarjeet Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Pintu Kumar Vs The State of Bihar

Vikash Kumar Rai @ Vikas Kumar Rai Vs the State of Bihar

Suranjan @ Tibuki Vs The State of Bihar

Bittu Chaudhari Vs The State of Bihar

Tahir Hussain @ Tahir Vs The State of Bihar

Gulshan Kumar Vs The State of Bihar