Jitendra Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66731 of 2025 Arising Out of PS. Case No.-182 Year-2025 Thana- Excise P.S. District- Saran ====================================================== Jitendra Mishra (Male) aged about 56 years, S/o Chandradeo Mishra R/o Village- Mishrawaliya @ Misraulia, P.S.- Jalalpur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chetna, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. As per allegation in the FIR, total 1.080 liter of illicit foreign liquor from the possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that total 1.080 liters of foreign liquor has been recovered from a plastic bag. He next submits that the police violated the mandatory provision of Section 103(4) of the BNSS while preparing the seizure list as stated in para-12 of the

Patna High Court CR. MISC. No.66731 of 2025(2) dt.24-09-2025 2/2 petition. Petitioner is in custody since 05.08.2025 and there is no independent witness of the seizure list.

5. In view of the aforesaid facts and circumstances, let the above named 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.III, Saran at Chapra in connection with Excise Sadar @ Sadar Excise P.S. Case No. 182 of 2025. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T