Jitendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75862 of 2025 Arising Out of PS. Case No.-138 Year-2025 Thana- RAJPUR District- Rohtas ====================================================== Jitendra Ram S/o Moderan Ram R/o Vill- Pakdi, P.S.- Rajpur, Distt- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmendra Kumar Singh For the Opposite Party/s :

Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-11-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of three cases and allegation is of recovery of 25 litres of liquor from Dalan of petitioner. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and dalan is a place outside the house and thus is accessible to villagers at large. It is also submitted that no prudent person would use his own premises for committing an occurrence and thus would create evidence against himself and hence would get

Patna High Court CR. MISC. No.75862 of 2025(2) dt.17-11-2025 2/3 implicated. It is also submitted that it appears that someone inimical inimical to the petitioner concealed meager amount of liquor with a view to implicate him and he came to be implicated at the instance of spy since he carries antecedent.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.15000/- (Rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rajpur P.S. Case No.138/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

6. It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than three cases, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if

Patna High Court CR. MISC. No.75862 of 2025(2) dt.17-11-2025 3/3 on verification it is found that petitioner has antecedent of three cases, in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) amit/- U T