Patna High CourtCR. MISC./22812/2025bail granted

Jitendra Kumar v. The State Of Bihar

2025-04-21Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22812 of 2025 Arising Out of PS. Case No.-29 Year-2025 Thana- Excise P.S. District- Saran ====================================================== Jitendra Kumar S/o Sachhidanand Prasad, R/o Village- Hemantpur, P.S. -Garkha, District-Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Prohibition and Excise Sadar P.S. Case No. 29 of 2025 dated 17.02.2025 registered for the offence punishable under Section 30(a)(c) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 14 litres of illicit country made liquor was recovered from the possession of the petitioner and co-accused person at Hemantpur Chawar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case merely on the basis of suspicion. He further submitted that nothing has been recovered from the conscious possession

Patna High Court CR. MISC. No.22812 of 2025(2) dt.21-04-2025 2/2 of the petitioner and seizure list has not been prepared at per mandatory provision prescribed under Section 100 of the Cr.P.C. / Section 103 of the B.N.S.S. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody since 18.02.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judgecum-3rd Exclusive Special Excise Judge, Saran at Chapra, in connection with Prohibition and Excise Sadar P.S. Case No. 29 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shahnawaz/- U T