Harjeet Marandi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59711 of 2024 Arising Out of PS. Case No.-160 Year-2024 Thana- JHAJHA District- Jamui ====================================================== Harjeet Marandi son of Somra Marandi village- Asnalebar, P.S.- Sono, DistJamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanju Singh, Advocate.

For the Opposite Party/s :

Mrs.Gulnar Begum, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-09-2024 Heard Mr. Sanju Singh, learned counsel appearing on behalf of the petitioner and Mrs. Gulnar Begum, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Jhajha P.S. Case No. 160 of 2024 registered for the offence punishable under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the F.I.R., 40 litres of country made liquor was recovered from co-accused Vikash Hembram who was riding the motorcycle of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has committed no offence as alleged. The motorcycle from which liquor was recovered belongs to the petitioner. The petitioner had given his motorcycle to said co-accused, but he had no

Patna High Court CR. MISC. No.59711 of 2024(2) dt.11-09-2024 2/3 knowledge that co-accused Vikash Hembram will use his motorcycle for the said purpose. Nothing was recovered from the possession of the petitioner rather the recovery of alleged liquor is from co-accused Vikash Hembram. Petitioner has clean antecedent.

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

6. Considering the nature of allegation made against the petitioner and the fact that the recovery of liquor is from the possession of co-accused Vikash Hembram, 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 Exclusive Excise Court-I, Jamui in connection with Jhajha P.S. Case No. 160 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

Patna High Court CR. MISC. No.59711 of 2024(2) dt.11-09-2024 3/3

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T