Jitendra Kumar @ Jitendra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68035 of 2025 Arising Out of PS. Case No.-118 Year-2025 Thana- ARA NAGAR District- Bhojpur ====================================================== Jitendra Kumar @ Jitendra Kumar Yadav S/o Mutur Yadav R/o Village- Lakhi Tola, P.S.- Barhara, District- Bhojpur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 70 litres of illicit country made liquor was recovered from the possession of co-accused Ajay Kumar who disclosed that he along with the petitioner was involved in the business of liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from conscious possession of the petitioner. Petitioner has no concern with the seized illicit liquor. Petitioner was not arrested on the spot. On the basis of disclosure made by the apprehended co-accused person namely

Patna High Court CR. MISC. No.68035 of 2025(2) dt.07-10-2025 2/2 Ajay Kumar, petitioner has been made accused in this case. Petitioner has one criminal antecedent of similar nature and he is on bail in that case. Petitioner undertakes to cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Bhojpur at Ara/learned Court concerned, in connection with Ara Town P.S. Case No. 118 of 2025, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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