Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59743 of 2025 Arising Out of PS. Case No.-3 Year-2021 Thana- KADAMKUAN District- Patna ====================================================== Jitendra Kumar Son of Rajesh sharma R/o village -Betaunha PS- Beur District -patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Akanksha Verma, Advocate :
Mr. Arvind Kumar Tewary, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Kadamkuan P.S. Case No. 03 of 2021 instituted under Section 30(a) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of 16.200 liter of IMFL from the dickey of a car bearing registration no. BR01EX-2207. It is alleged that the petitioner was owner of the seized car.
4. Learned counsel for the petitioner submits that petitioner had rented out the said car to one co-accused Pintu Yadav upon his request for the purpose of medical treatment of his mother and he had no knowledge about the misuse of the car
Patna High Court CR. MISC. No.59743 of 2025(2) dt.15-09-2025 2/3 by the co-accused. He further submits that no incriminating article has been recovered from the conscious or constructive possession of the petitioner. Learned counsel submits that the petitioner was not present on the spot and he had no knowledge about the incident. He further submits that other co-accused person Pintu Yadav @ Rahul Raj and Karu Sahni have been granted anticipatory bail by the different co-ordinate Benches of this Hon'ble Court vide order dated 28.01.2022 in Cr. Misc. No. 23020 of 2021 and vide order dated 13.07.2021 in Cr. Misc. No. 28431 of 2021 respectively. He submits that the 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 aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court 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 Act, Patna in connection with Kadamkuan P.S. Case No. 03 of 2021, subject
Patna High Court CR. MISC. No.59743 of 2025(2) dt.15-09-2025 3/3 to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J) AjayMishra/- U T