Jitendra Kumar @ Rampal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8526 of 2025 Arising Out of PS. Case No.-142 Year-2024 Thana- GORADIH District- Bhagalpur ====================================================== Jitendra Kumar @ Rampal, aged about 25 years, Gender-Male, Son of Ramanand Rai, R/O Vill- Ramaiya, Bhadiya, P.S.- Mohiuddin Nagar, DistrictSamastipur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Md. Zeyaul Hoda, Advocate and Mr. Thakur Brajesh Singh, Advocate For the Opposite Party :
Mrs. Veena Kumari Jaiswal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Special Excise Case No. 3755 of 2024, arising out of Goradih P.S. Case No. 142 of 2024 dated 09.10.2024 registered for the offences punishable under Sections 30(a) and 41(1)(2) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per the prosecution case, total 698.7 litres of foreign liquor is said to have been recovered from the Pick-up Van and the petitioner was sitting on another Bolero vehicle and was lining up for carrying the said Pick-up Van.
Patna High Court CR. MISC. No.8526 of 2025(2) dt.27-03-2025 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the foreign liquor has not been recovered neither from the possession of the petitioner nor from the vehicle on which he was sitting though one mobile phone was recovered from his possession. He has no concern with the alleged offence. It is further submitted that the driver of the Pick-up Van from which illegal liquor was recovered, namely, Ram Punit Ray @ Punit Ray, has already been granted bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 80839 of 2024 under order dated 25.11.2024, annexed as Annexure-P/2 to the present bail petition. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody in this case since 10.10.2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well the period of custody, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-II, Bhagalpur in connection with Special Excise
Patna High Court CR. MISC. No.8526 of 2025(2) dt.27-03-2025 3/3 Case No. 3755 of 2024, arising out of Goradih P.S. Case No. 142 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T