Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80948 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- BAUNSI District- Banka ====================================================== Jitendra Kumar S/O Hira Lal Sah Resident Of Rahimabad, Ward No. 1, P.SBangra, Distt.- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate For the Opposite Party/s :
Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bounsi P.S Case No. 11 of 2024 instituted for the offence punishable under Sections 30(a), 47 of the Bihar Prohibition and Excise Act.
3. As per allegation in the FIR, total 608.34 litres of illicit liquor has been recovered from the Tata Pickup Van.
4. Learned counsel for the petitioner submits that petitioner has no criminal antecedent except this case. He also submits that petitioner is innocent and he has not committed any offence. He has been falsely been implicated in this case.
Patna High Court CR. MISC. No.80948 of 2024(2) dt.18-01-2025 2/2
5. Learned APP appearing for the State has opposed the prayer for bail of the petitioner and submits that granting anticipatory bail to the petitioner may affect the investigation of this case.
6. From perusal of the F.I.R., seizure list, impugned order and case diary, it appears that petitioner is the registered owner of the vehicle in question. Drive of the said vehicle arrested on the spot and he admitted before the police that he transported several time wine from one place to another. Prima facie, it appears involvement of the petitioner in this case.
7. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, the present anticipatory bail petition is barred by Section 76(2) of Bihar Prohibition and Excise Act, 2016, I am not inclined to grant anticipatory bail to the petitioner.
8. Accordingly, prayer for anticipatory bail of the petitioner is hereby rejected.
(Ramesh Chand Malviya, J) Mayank/- U T