Jitendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21958 of 2025 Arising Out of PS. Case No.-1970 Year-2024 Thana- Excise P.S. District- Muzaffarpur ====================================================== 1.

Jitendra Singh S/o- Bashisht Singh @ Bashisht Narayan Singh VillageBahlolpur Ps- Paroo Dist- Muzaffarpur 2.

Raju Singh@Raju Kumar S/o- Jitendra Singh Village- Bahlolpur Ps- Paroo Dist- Muzaffarpur 3.

Ravi Singh@Ravi Kumar S/o- Jitendra Singh Village- Bahlolpur Ps- Paroo Dist- Muzaffarpur ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Sagar Kumar, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The accused-petitioners, named in the F.I.R., are apprehending their arrest in connection with Excise P.S. Case No. 1970 of 2024 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioners is to have in possession of 1656 litres of illicit foreign beer and engaged in illegal trading/manufacturing of illicit liquor.

4. Learned counsel appearing on behalf of the petitioners submitted that recovery of alleged illicit foreign

Patna High Court CR. MISC. No.21958 of 2025(2) dt.02-05-2025 2/3 beer was made from the house of co-accused Anshu Singh and mere on the basis of secret input, the name of petitioners transpired with the present case. It is submitted that admittedly recovery of illicit liquor was not made from conscious physical possession of the petitioners. It is pointed out that petitioners found involved in one more criminal case, in which they are on bail.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

6. In view of the aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima-facie not appears to be made from conscious physical possession of the petitioners, accordingly, above-named petitioners, in the event of their arrest/surrender within a period of four weeks from this order, are directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.-II, Muzaffarpur, in connection with Excise P.S. Case No. 1970 of 2024, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.21958 of 2025(2) dt.02-05-2025 3/3 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").

(Chandra Shekhar Jha, J) Rajeev/- U T