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Patna High CourtCR. MISC./55310/2025allowed

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

2025-08-27Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55310 of 2025 Arising Out of PS. Case No.-658 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Jitendra Singh @ Jitendra Kumar Singh S/o Late Baijnath Singh VillageMungia, PS- Tandwa, Distt.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Sections 30(a), 32(3) of Bihar Prohibition and Excise Amendment Act, 2018.

3. As per the prosecution case, there is recovery of 12.600 litres of country made liquor from a motorcycle.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Further submission is that the said motorcycle was taken by the younger brother of the petitioner, namely, Dhiraj Kumar Singh, who was arrested at the time of occurrence. Petitioner had no knowledge about the misuse of the motorcycle. Nothing has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.55310 of 2025(2) dt.27-08-2025 2/2 petitioner. There is no independent witness to the seizure list. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-II, Aurangabad in connection with Excise P.S. Case No. 658 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023. (Sunil Dutta Mishra, J) sauravkrsinha/- U T