Jitendra Kumar Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67230 of 2024 Arising Out of PS. Case No.-669 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== Jitendra Kumar Pal, aged about 48 years, Male, S/o- Rajendra Prasad, resident of Mohalla- Math Laxmanpur, Koiri Tola, P.S.- Alamganj, District- Patna ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Raj Krishna Jha, Advocate For the Opposite Party :

Mr. Pradeep Narain Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Alamganj PS. Case No. 669 of 2024 dated 08.08.2024 registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, total 332.640 litres of illicit foreign liquor was recovered from the two vehicles i.e., Scorpio and Alto Car.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that from perusal of the F.I.R., it

Patna High Court CR. MISC. No.67230 of 2024(3) dt.07-02-2025 2/3 appears that the petitioner is the owner of the garage in question and Pappu Kumar is the caretaker of the said garage as the same was given by the petitioner to Pappu Kumar on rent and he was arrested from the garage but he did not disclose anything with regard to the involvement of the petitioner in the commission of sale and purchase of wine. He was neither arrested on the spot nor anything was recovered from his possession and the recovery has been made from the garage which was constructed over the vacant land of the petitioner which was taken by Pappu Kumar from the petitioner and the petitioner has no concern with the alleged offence. The petitioner has got landed property and in so many places he has many houses.

The other coaccused persons Pappu Kumar @ Pappu @ Pamppu, Sonu Kumar and Monu Kumar have already been granted regular bail by a Bench of this Court vide Cr. Misc. No. 62053 of 2024 under order dated 28.08.2024 and Cr. Misc. No. 62051 of 2024 under order dated 28.08.2024 respectively. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.67230 of 2024(3) dt.07-02-2025 3/3 of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Alamganj P.S. Case No. 669 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T