Jeevan Kumar Sah @ Jitu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55867 of 2025 Arising Out of PS. Case No.-325 Year-2025 Thana- Excise P.S. District- Siwan ====================================================== Jeevan Kumar Sah @ Jitu Kumar S/o Prem Nath Sah Resident of VillageSalehpur, P.S. - Andar, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-08-2025 Heard Mr. Bijay Prakash Singh, learned counsel for the petitioners and Ms. Pushpa Sinha, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Siwan P.S. Case No.325 of 2025, FIR dated 14.05.2025 registered for the offences punishable under Sections 30(a), 32(3) of Bihar Prohibition and Excise Amendment Act, 2016.

3. Recovery is of 900 liters of IMFL.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. It appears from the F.I.R. and seizure list that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from the scorpio in question and as per

Patna High Court CR. MISC. No.55867 of 2025(2) dt.12-08-2025 2/2 allegation in the FIR, the petitioner was driver of the vehicle in question.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner has not stated anywhere in the bail application that he was not driver of the vehicle in question at the time of recovery of illicit liquor and the recovery of illicit liquor has been made from the vehicle in question.

6. Considering the allegation as alleged in the F.I.R and the material available on record, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Siwan P.S. Case No.325 of 2025 pending in the court of the Exclusive Special, Excise Court No. II, Siwan.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Suruchi/- U T