Jitendra Bin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37878 of 2026 Arising Out of PS. Case No.-216 Year-2026 Thana- BHORE District- Gopalganj ====================================================== Jitendra Bin S/o Mangru Bin Resident of Village - Semra, P.S.- Bhore, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 37983 of 2026 Arising Out of PS. Case No.-216 Year-2026 Thana- BHORE District- Gopalganj ====================================================== Birbal Bin Son of Mangru Bin Resident of Village- Semra, P.S.- Bhore, District-Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 37878 of 2026) For the Petitioner/s :
Mr.Dewanand Tiwari, Advocate For the Opposite Party/s :
Mr.Kalyan Shankar, APP (In CRIMINAL MISCELLANEOUS No. 37983 of 2026) For the Petitioner/s :
Mr.Dewanand Tiwari, Advocate For the Opposite Party/s :
Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-06-2026 Since both the petitions arise out of Bhore P.S. Case No. 216 of 2026 they are taken up together and are being disposed of by this common order.
02. Heard learned counsel for the petitioners and learned APP for the State.
2/4
03. In the present case, the petitioners seek bail in connection with Bhore P.S. Case No. 216 of 2026 registered for the alleged offences under Section 111(4) of B.N.S. and Section 30(a) of Bihar Prohibition and Excise Act.
04. As per prosecution case, police received information about petitioners and other co-accused persons selling illicit liquor from their hut. A raid was conducted and juvenile co-accused was apprehended, who disclosed that the petitioners and co-accused Sikandar Bin have employed him for selling the liquor. On search of the place, recovery of 36 litres of country made liquor was made. The petitioners fled away while the raid was being conducted.
05. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of the petitioners and they were not apprehended from the spot. The recovery has been made from the hut which did not belong to the petitioners. The petitioner Jitendra Bin is having antecedent of three cases and he is on bail in all the cases and petitioner Birbal Bin is having antecedent of seven cases. The petitioners are in custody since 09.05.2026 and 23.04.2026, respectively.
3/4
06. Learned APP opposes the submission made on behalf of the petitioners.
07. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that neither recovery has been shown from the petitioners nor they were apprehended from the spot and further considering the period of custody of the petitioners, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of District & Additional Sessions Judge-XIII cum Special Judge Excise-I, Gopalganj/concerned Court in connection with Bhore P.S. Case No. 216 of 2026, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the
4/4 terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) DKS/- U T