Jitan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1220 of 2025 Arising Out of PS. Case No.-202 Year-2024 Thana- CHANDI District- Bhojpur ====================================================== 1.

Jitan Singh, male age about 50 years, son of - Gayani Singh. 2.

Dharmendra Singh @ Dharmendra Singh @ Dharmendra Kumar male age about- 23 years.

3.

Pappu Singh @ Pappu Kumar male age about - 21 years, both sons of - Jitan Singh.

4.

Manejar Singh male age about 28 son of - Late Bhuar Singh. 5.

Chotu Kumar @ Chotu Singh, male age about - 20 years son of- Sanjay Singh, all are resident of village - Salempur, P.s.- Chandi, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Priya, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 05-02-2025 Heard Ms. Priya, learned counsel appearing on behalf of the petitioners and Mr. Manoj Kumar, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Chandi P.S. Case No. 202 of 2024 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act as amended up-to-date.

3. Allegation is of recovery of 200 litres of countrymade liquor from the bushes near the river at village Salimpur Bhramasthan.

Patna High Court CR. MISC. No.1220 of 2025(2) dt.05-02-2025 2/3

4. Learned counsel appearing on behalf of the petitioners submits that the petitioners have been falsely implicated in the case due to local village politics. Petitioners have no concern with the seized liquor nor they are involved in trade of liquor in any manner. The place of recovery is an open place which is accessible to anyone. Petitioners have clean antecedent. On these grounds, petitioners seek to be released on pre-arrest bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners and submits that due to sale and consumption of illicit liquor, day after day, hooch tragedy occurs and the State Officials of different department appears to have facilitated smuggling and trade of illicit liquor inside the State of Bihar. As such, involvement of the petitioners cannot be ruled out from illicit trade of liquor.

6. Considering the fact that the recovery of 200 litres of country made liquor from the bushes near the river at village Salimpur Bhramasthan, which is an open place and easily accessible to any one, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned District Court within a period of

Patna High Court CR. MISC. No.1220 of 2025(2) dt.05-02-2025 3/3 four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge 1, Bhojpur at Ara, in connection with Chandi P.S. Case No. 202 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The learned District Court is directed to verify the criminal antecedent of the petitioners as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T