Jibu Bhandari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6868 of 2023 Arising Out of PS. Case No.-251 Year-2022 Thana- KHAJAULI District- Madhubani ====================================================== Jibu Bhandari S/o Suraj Bhandari R/o Village- Bhakua, P.S.- Khajauli, DisttMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate Mr. Ravi Prakash, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-04-2023 1.

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

2.

Petitioner seeks regular bail in connection with Khajauli P.S. Case No. 251 of 2022 dated 13.12.2022 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

3.

The main submissions advanced by learned counsel for petitioner are that as per the allegation 360 litres of Nepali country made wine is stated to have been recovered from the petitioner's tempo, no doubt the petitioner was found in the said tempo from which the alleged wine was recovered but in actual the said wine belonged to a passenger who fled away on seeing the police party and petitioner was caught on suspicion mainly

Patna High Court CR. MISC. No.6868 of 2023(2) dt.29-04-2023 2/2 on the ground of the said liquor being present in his tempo and moreover, the petitioner has fair and clean antecedent and he has been languishing in jail since 14.12.2022.

4.

Learned APP for the State has opposed the bail prayer of the petitioner.

5.

Considering the above submissions and mainly the petitioner's defence discussed above and his custody period as well as his fair and clean antecedent and also completion of investigation against him, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Khajauli P.S. Case No. 251 of 2022.

(Shailendra Singh, J) Shahnawaz/- U T