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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2215 of 2025 Arising Out of PS. Case No.-418 Year-2024 Thana- BIKRAMGANJ District- Rohtas ====================================================== 1 .

Jitendra Singh @ Jitendra Kumar Singh Son of Indra Jeet Singh Resident of Village - Linga or Ninga, P.S. - Bikramganj, District - Rohtas 2.

Ajit Singh @ Ajit Kumar Son of Ram Awadhesh Singh Resident of Village - Linga or Ninga, P.S. - Bikramganj, District - Rohtas 3 .

Bhuwali Yadav @ Bhikhar Singh Son of Late Shivdhari Singh Resident of Village - Linga or Ninga, P.S. - Bikramganj, District - Rohtas 4.

Satendra Singh Son of Late Nathuni Singh Resident of Village - Linga or Ninga, P.S. - Bikramganj, District - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad , Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-02-2025 Heard learned counsel for the petitioners and the State .

2. Petitioners apprehend arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act 2018 .

3 . As per the prosecution case , 15 liters of chullai wine and one big gas cylinder were recovered from the house of the petitioner No. 1 .

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been

Patna High Court CR. MISC. No.2215 of 2025(2) dt.12-02-2025 2/3 implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery . Petitioners claim clean antecedent.

5. Learned counsel for the State submits that the recovery has been made from the house of the petitioner No. 1 as such, this pre-arrest bail petition of petitioner No. 1 is not maintainable in view of Full Bench decision of this Court rendered in the case of Ram Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.).

6. Considering the aforesaid decision of this Court, this pre-arrest bail petition of petitioner No. 1 is dismissed as not maintainable .

7. Considering the facts of the case , clean antecedent of petitioner Nos. 2, 3 and 4 in the event of arrest/surrender within eight weeks from today, let the petitioner Nos. 2, 3 and 4 above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Judge Excise Court No. 1 Rohtas at Sasaram in connection with Bikramganj Police Station Case No. 418 of 2024 , subject to the conditions laid

Patna High Court CR. MISC. No.2215 of 2025(2) dt.12-02-2025 3/3 down under section 482 ( 2 ) of BNSS 2023 .

(Prabhat Kumar Singh, J) Koushik/- U T