Amit Kumar v. The State of Bihar
Court: Patna High Court
Bench: MR. JUSTICE SATYAVRAT VERMA
Judgment date:
Case summary
Patna High Court judgment dated 2025-12-18. Amit Kumar v. The State of Bihar. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 48623 of 2025 Arising Out of PS. Case No. -60 Year-2024 Thana- HASANGANJ District- Katihar ====================================================== Amit Kumar S/O Chakardhar Mahto R/O Vill. - Dahiyarganj Ward no. 12, P. s. - Hasanganj, Dist. - Katihar. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kunwar Ajit Singh For the Opposite Party/s : Ms. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 4 18-12-2025 1. Heard learned counsel for the petitioner and learned A. P. P. for the State. 2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act. 3.
Learned counsel for the petitioner submits that petitioner has antecedent of two cases and allegation is of recovery of 17. 25 litres of liquor from a motorcycle. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized vehicle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get Patna High Court CR. MISC. No. 48623 of 2025(4) dt. 18-12-2025 2/3 implicated. It is also submitted that the petitioner was completely unaware that Mohan would misuse the vehicle in the manner as alleged, who was also apprehended from the spot. 4. Learned A. P. P. for the State opposes the prayer for anticipatory bail of the petitioner. 5.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Hasanganj P. S. Case No. 60/2024, subject to the conditions as laid down under Section 482(2) of the B. N. S. S. 6.
It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than two cases, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of two Patna High Court CR. MISC. No. 48623 of 2025(4) dt. 18-12-2025 3/3 cases, in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) amit/- U T
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