Pintu Singh @ Lala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30477 of 2025 Arising Out of PS. Case No.-89 Year-2025 Thana- JAMHOR District- Aurangabad ====================================================== Pintu Singh @ Lala Son of Late Dudheshwar singh Village -Chichami, timal bigha, bus stand, PS- Jamhor, District -Aurangabad Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rupa Kumari, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Jamhor P.S. Case No. 89 of 2025, dated 07.04.2025, lodged under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution, FIR has been lodged against two named accused persons including the present petitioner. Total recovery of 30 liters of country made liquor from the basement built inside the store in the kitchen, which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the petitioner is neither the owner of the house from where the illicit liquor was recovered nor he was living in the said house. Counsel submits that the petitioner has been

Patna High Court CR. MISC. No.30477 of 2025(2) dt.15-05-2025 2/2 made accused in this case only on the basis of confessional statement of co-accused namely, Krishna Kumar and Chhoti Devi.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the petitioner has antecedent of two cases.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

7. It is directed to the petitioner to surrender before the Trial Court within a period of 6 weeks from today. In case, the petitioner surrenders within six weeks, then the Trial Court is directed to pass order on his surrender-cum-bail application on the same day considering that whether ingredients of excise act is made out against the petitioner or not, without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case.

(Dr. Anshuman, J) Sudhanshu/- U