Jitendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3601 of 2020 Arising Out of PS. Case No.-214 Year-2019 Thana- TARARI District- Bhojpur ====================================================== 1.

JITENDRA SINGH Son of Late Jay Narayan Singh Resident of VillageKarath, P.S.- Tarari, District- Bhojpur. 2.

Jhunu Singh @ Amritesh Kumar Singh Son of Satyendra Singh Resident of Village- Karath, P.S.- Tarari, District- Bhojpur. 3.

Lathi Singh Son of Lalan Singh Resident of Village- Karath, P.S.- Tarari, District- Bhojpur.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Mr.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-01-2020 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners in the present case are seeking anticipatory bail in connection with Tarari P.S. Case No. 214 of 2019 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case as they have no concern with the alleged illicit liquor which have been recovered from the bank of the river which is a lonely place. It is further submitted that the petitioners have no criminal antecedent. Learned APP has opposed the prayer of anticipatory bail. Considering the facts and circumstances of the case

Patna High Court CR. MISC. No.3601 of 2020(2) dt.21-01-2020 2/2 wherein the recovery is said to be that of unfinished liquor from the bank of the river at a lonely place in which the petitioner has no connection and further submission that the petitioners have no criminal antecedent, let the petitioners above named in case of their arrest or surrender within a period of four weeks from today in connection with Tarari P.S. Case No. 214 of 2019 (Excise Case No. 2404 of 2019) be released on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge-cumSpecial Judge, Excise Act, Bhojpur, Ara, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court.