Jitendra Kumar @ Jitiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4648 of 2025 Arising Out of PS. Case No.-330 Year-2024 Thana- PATEPUR District- Vaishali ====================================================== 1.
Jitendra Kumar @ Jitiya S/o- Ram Ratan Singh Resident of villageSahbajpur Puraina PS-Harillochanpur District- Vaishali 2.
Anuj Kumar S/o- Virchandra Rai Village- Teknari Ps- Patepur Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anish Kumar, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-01-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Patepur P.S. Case No. 330 of 2024 registered for the offences punishable under Sections 30(a), 32(2) and 41(1) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 3149.64 litres of liquor was recovered from three pick-up vans and one truck.
4. Learned counsel for the petitionera submit that the petitioners are innocent and have committed no offence as alleged against him and has falsely been implicated in the
Patna High Court CR. MISC. No.4648 of 2025(2) dt.24-01-2025 2/3 present case. Petitioners have no knowledge and concern with the alleged recovery. Nothing incriminating have been recovered from the possession of the petitioners. It is submitted that petitioners are neither the owner nor the driver of the seized any vehicles. The petitioner no. 1 has one criminal antecedent and petitioner no. 2 has also one criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted regular bail by this Court vide order dated 06.01.2025 in Cr. Misc. No. 83819 of 2024 and 84303 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 petitioners.
6. Considering the rival submissions made by the learned counsel for the parties, let the petitioners abovenamed, 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) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor
Patna High Court CR. MISC. No.4648 of 2025(2) dt.24-01-2025 3/3 court in connection with Patepur P.S. Case No. 330 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T