Patna High CourtCR. MISC./8758/2024bail granted

Jitendra Kumar v. The State Of Bihar

2024-02-17Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8758 of 2024 Arising Out of PS. Case No.-300 Year-2023 Thana- JADIA District- Supaul ====================================================== Jitendra Kumar S/o Pawan Yadav R/o Village - Lakshminia Ward No 11 P.S. - Triveniganj, Dist. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with S.T. No. 1514 of 2023 arising out of Jadia P.S. Case No. 300 of 2023, instituted for the offences under Sections 467, 468, 471, 420 & 34 of the Indian Penal Code and Sections 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution story, in short, is that total 226.5 litres of illicit liquor was recovered from a four wheeler vehicle.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case merely on suspicion. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has no

Patna High Court CR. MISC. No.8758 of 2024(2) dt.17-02-2024 2/2 concern with the alleged recovery of illicit liquor. Learned counsel further submitted that petitioner has no concern with the vehicle from which the alleged recovery has been made. No specific overt act is alleged against this petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.12.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, no criminal antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. 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 Jadia P.S. Case No. 300 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T