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Jitendra Sah v. The State of Bihar

Patna HC21 Jan 2025CR. MISC./1368/2025

Case brief

AI extract

What is this about?

The Patna High Court, in a bail application, granted bail to the petitioner charged under Section 30(a) of the Bihar Prohibition and Excise Act for liquor recovery, noting the petitioner's lack of antecedents and non-compliance of Section 103 B.N.S.S., 2023.

What did the court decide?

The petitioner was released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount to the satisfaction of the Court below.

Jitendra Sah Vs The State of Bihar — Bail and Remand | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1368 of 2025

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Arising Out of PS. Case No.-118 Year-2024 Thana- MALAHI District- East Champaran

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======================================================

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Jitendra Sah Son of Late Bhikhari Sah Resident of village- Belhi Turha toli, Ps- Malahi, Dist- East champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar, Advocate For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 21-01-2025

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in Malahi P.S. case No. 118 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

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The prosecution case, in short, is that 72 liters liquor was recovered from bush.

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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 further submitted that recovery is made from the bush situated

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Patna High Court CR. MISC. No.1368 of 2025(2) dt.21-01-2025 2/2

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behind the house of the petitioner which is an open place accessible to one and all. The petitioner is in custody since 17.11.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

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Learned A.P.P. for the State has vehemently

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opposed the prayer for grant of bail to the petitioner.

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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.

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Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Malahi P.S. case No. 118 of 2024.

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(Rudra Prakash Mishra, J)

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Pankaj/-

Jitendra Sah v. The State of Bihar

Case brief

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Jitendra Sah v. The State of Bihar

Case brief

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