Jitendra Paswan @ Jitendra Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37565 of 2024 Arising Out of PS. Case No.-88 Year-2024 Thana- RAJNAGAR District- Madhubani ====================================================== Jitendra Paswan @ Jitendra Kumar Paswan S/O Vishwanath Paswan R/O Village- Karahiya, P.S- Rajnagar, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Soban Asghar, Advocate Mr. Md Ashad, Advocate For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-06-2024 Heard Mr. Md Soban Asghar, learned counsels for the petitioner and Mr. Arun Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with G.R. No. 420 of 2024, arising out of Rajnagar P.S. Case No.88 of 2024, registered for the offence(s) punishable under Sections 272, 273, 34 of the I.P.C and 30(a) of Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 37.525 of Sofi Nepali Desi Wine from the dockyard of the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case. He has no concern either with the seized liquor or trade of liquor in any manner. He further submits that the recovery has not been made from inside the house of the petitioner though the same has been recovered from the

Patna High Court CR. MISC. No.37565 of 2024(2) dt.26-06-2024 2/2 dockyard of the petitioner which is an open space and any one can hide the liquor. Petitioner claims clean antecedent.

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

6. Having considered the rival submissions made on behalf of the parties and nature of allegation against the petitioner, the petitioner, above named is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the 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 Additional District and Sessions Judge- IInd -Cum- Special Judge, Excise Act, Madhubani in connection with G.R. No. 420 of 2024 arising out of Rajnagar P.S. Case No. 88 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The bail application stands disposed of.

(Purnendu Singh, J) sanjeev/-ravi/- U T