Jitendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7005 of 2025 Arising Out of PS. Case No.-219 Year-2024 Thana- ARERAJ District- East Champaran ====================================================== Jitendra Prasad Son of Shambhu Prasad @ Shambhu Raut Resident of village - Hardiya, Ward no. 5, ps- Areraj, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Mr. Hemant Ray, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Areraj PS Case No. 219 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 9 liters foreign liquor was recovered from the shop of the petitioner. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The alleged liquor was found on road side behind the shop of the petitioner

Patna High Court CR. MISC. No.7005 of 2025(2) dt.13-02-2025 2/2 in an abandoned condition, which is accessible to one and all. The petitioner is in custody since 18-12-2024 and has got one criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Areraj PS Case No. 219 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T