Jitendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73991 of 2024 Arising Out of PS. Case No.-750 Year-2021 Thana- ALAMGANJ District- Patna ====================================================== Jitendra Ram S/o Damma Ram @ Chotte Lal R/o- Meena Bazar, Dom Khana, Sadikpur, Harizan Tola, P.S.- Alamganj, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-12-2024 Heard Mr. Nityanand Kumar, learned counsel appearing on behalf of the petitioner and Mr. Md. Iftekhar Mahmood, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Alamganj P.S. Case No. 750 of 2021 registered for the offence(s) punishable under Sections 30(a)/37(c) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, 475 litres of country made liquor was recovered in front of the house of the petitioner and 20 litres of country made liquor was recovered from the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has been falsely implicated in the present case merely on the basis of suspicion. He further submitted that as far as recovery of 475

Patna High Court CR. MISC. No.73991 of 2024(2) dt.13-12-2024 2/2 litres of illicit liquor is concerned, the same has been recovered from outside the house of the petitioner which is easily accessible by anyone and so far as recovery of 20 litres of country made liquor is concerned, petitioner has no connection with the seized liquor as the petitioner resides in the joint house property, where other family members also reside. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

In the facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Spl. Judge, Excise, Patna City in connection with Alamganj P.S. Case No. 750 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) Sanjay/- U T