Jitendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36960 of 2025 Arising Out of PS. Case No.-54 Year-2025 Thana- PARSA District- Saran ====================================================== Jitendra Rai S/O Late Jaleshwar Rai R/O Village Sarai Muzaffarpur, P.S.- Dariyapur, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-06-2025

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Parsa P.S. Case No. 54 of 2025 dated 05.03.2025 registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. As per the first information report the police recovered a total quantity of 31.410 liters of foreign liquor from a jungle situated behind the house of the co-accused Neeraj Kumar and arrested two persons while the petitioner - Jitendra Rai managed to flee away taking advantage of darkness.

4. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has

Patna High Court CR. MISC. No.36960 of 2025(2) dt.25-06-2025 2/3 falsely been implicated in this case. The alleged recovery of foreign wine has been made from a jungle situated behind the house of the arrested co-accused Neeraj Kumar, which is an open space accessible to all and sundry. Illicit foreign liquor has not been recovered from the conscious possession and / or premises belonging to the petitioner. The name of the petitioner has transpired in this case on the disclosure made by the arrested co-accused Neeraj Kumar and Jitendra Kumar.

5. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the conscious possession and / or premises belonging to the petitioner rather the same has been recovered from a jungle, which is an open space easily accessible to everyone, accordingly, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned III Special Judge Excise Saran at Chapra in connection with Parsa P.S. Case No. 54 of 2025 subject to the condition as laid down

Patna High Court CR. MISC. No.36960 of 2025(2) dt.25-06-2025 3/3 under Section 482 (2) of the B.N.S.S., 2023.

(Anil Kumar Sinha, J) praful/- U T