Jitendra Sah @ Jitendra Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.998 of 2025 Arising Out of PS. Case No.-411 Year-2024 Thana- BAIRIYA District- West Champaran ====================================================== Jitendra Sah @ Jitendra Kumar Sah S/o Jokhu Sah R/o Village- Seorajpur, P.S.- Nautan, District- West Champaran, Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-02-2025 Heard Mr. Rajesh Kumar, learned counsel appearing on behalf of the petitioner and Mr. Parmanand Prasad, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Bairiya P.S Case No. 411 of 2024 registered for the offence punishable under Section 274, 275 Bharatiya Nyaya Sanhita (BNS), 2023 and Section 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, total 122.040 liters of illicit liquor was recovered from a tempo.

Patna High Court CR. MISC. No.998 of 2025(2) dt.15-02-2025 2/3

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Petitioner has no concern with the alleged seized liquor. Petitioner is not involved either in manufacturing or in trade of illicit liquor, which is prohibited in the State of Bihar. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

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

6. Considering the facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of her 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 Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-1, Bettiah, West Champaran, in connection with Bairiya P.S Case No. 411 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS.

7. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in

Patna High Court CR. MISC. No.998 of 2025(2) dt.15-02-2025 3/3 paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T