Jitendra Mehta @ Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12370 of 2024 Arising Out of PS. Case No.-497 Year-2023 Thana- OBRA District- Aurangabad ====================================================== Jitendra Mehta @ Jitendra Kumar Son Of Laxman Mehta @ Laxman Mahto R/O-Kadiyahi, P.S.-OBRA, Distt.-AURANGABAD, Bihar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-04-2024 Heard Mr. Dhaneshwar Prasad Gupta, learned counsel appearing on behalf of the petitioner and Mr. Syed Ehteshamuddin, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Obra P.S. Case No. 497 of 2023 registered under Section 30(a) of the Bihar Prohibition & Excise Act, 2018.

3. Allegation is of recovery of 13 litres of wine from a shop.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the alleged seized wine. Petitioner is not involved either in manufacturing or in trade of illicit liquor, which is prohibited in the State of Bihar. Petitioner has clean

Patna High Court CR. MISC. No.12370 of 2024(3) dt.16-04-2024 2/2 antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR against the petitioner, the petitioner, above named, is directed to be released on anticipatory bail, in the event of his/her arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Special Judge, Excise II, Aurangabad (Bihar) in connection with Obra P.S. Case No. 497 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically.

(Purnendu Singh, J.) Mantreshwar/- Ashishsingh/- U T