Jitendra Rai @ Jitendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1697 of 2025 Arising Out of PS. Case No.-396 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Jitendra Rai @ Jitendra Ray S/o Bharati Rai R/o village - Sandha , P.s.- Chapra Muffasil , District - Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-01-2025 Heard Mr. Ravi Prakash, learned counsel for the petitioner and Ms. Renu Kumari, learned A.P.P. for the State. 2.

The petitioner apprehends his arrest in connection with Chapra Muffasil PS Case No. 396 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

As per prosecution case, the police has recovered 200 litres liquor from two motorcycles.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner is neither the owner nor the driver of the motorcycles in question. Name of the petitioner has been disclosed by local

Patna High Court CR. MISC. No.1697 of 2025(2) dt.17-01-2025 2/2 chowkidar. Petitioner has no knowledge and concern with the alleged recovery of liquor. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner bears one criminal antecedent. There is no compliance of Section 100 of the Cr.P.C. Other co-accused has been granted regular bail by this Court vide order dated 18-12-2024, passed in Cr. Misc. No. 86668 of 2024.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let 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 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 court below where the case is pending/successor court in connection with Chapra Muffasil PS Case No. 396 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Rudra Prakash Mishra, J) Raj Kishore/- U T