Jitendra Paswan @ Jitendra Hazra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86895 of 2024 Arising Out of PS. Case No.-495 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Jitendra Paswan @ Jitendra Hazra S/o Late Ram Uchit Paswan R/o vill - Batrauliya, P.s.- Muffasil, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Muffasil PS Case No. 495 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 10 litres of country made liquor was recovered from the house of the petitioner.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that recovery is made from the joint house of the petitioner

Patna High Court CR. MISC. No.86895 of 2024(2) dt.19-12-2024 2/2 where the other family members also reside. The petitioner is in custody since 18.10.2024 and has got two criminal antecedents. There is no compliance of Section 103 of B.N.S.S. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Muffasil PS Case No. 495 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T