Jitendra Mohar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57172 of 2025 Arising Out of PS. Case No.-518 Year-2025 Thana- FATUA District- Patna ====================================================== 1.

Jitendra Mohar Singh Son of Mohar Singh, Resident of Village- House No. 31, Gatoli, P.S.- Julana, Dist- Jind, Haryana. 2.

Anil Kumar Son of Late Phool Singh @ Phool Singh, Resident of VillageJulana, P.S.- Julana, Dist- Jind, Haryana. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate.

For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners seek regular bail in a case registered under Sections 30(a), 41(1) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 3556.08 litre illicit foreign liquor from the Truck bearing Registration No. NL-04D-8812 and both the petitioners who are driver and co-driver of the seized vehicle were apprehended on the spot.

4. Learned counsel for the petitioner submits that petitioners are innocent and have falsely been implicated in this case with ulterior motive. He further submits that both the petitioners works as driver in different vehicle on daily basis and they had no knowledge what was kept in the seized truck.

Patna High Court CR. MISC. No.57172 of 2025(4) dt.25-09-2025 2/2 Learned counsel submits that no incriminating article has been recovered from the conscious possession of petitioners and they have no concern with the alleged seized liquor. He further submits that there is no compliance of mandatory provisions of law in preparing the seizure list as there is no independent witness to the seizure list. Learned counsel submits that petitioners are in custody since 11.07.2025 and they have got clean antecedent. He further submits that there is no likelihood of absconding the petitioners or tampering with the evidence and they undertake to cooperate in the investigation and trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioners.

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the period of custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned in connection with Fatuhan P.S. Case No.518 of 2025.

(Sunil Dutta Mishra, J) Ritik/- U T