Jitendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8906 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- CHAPRA TOWN District- Saran ====================================================== JITENDRA SINGH S/o Nageshwar Singh Resident of Village- Rawal Tola, P.S- Chapra Town, District-Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Chapra Town P.S. Case No.11 of 2019 registered under Sections 188 and 120(B)/34 of the Indian Penal Code besides Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

The accusation is that on receiving secret information about supplying of the liquor in huge quantity by Pankaj Singh, Bajrangi Singh, Jitendra Singh (petitioner) Dilip Mahto, Arun Rai, Constable Sushil Kumar and others in Mohalla-Adda No.2, the informant along with other police personnel reached there, then they saw that a truck on the road, in front of the house of

Patna High Court CR. MISC. No.8906 of 2019(5) dt.10-07-2019 2/3 Dilip Mahto, was standing beside which a motorcycle was also standing. Near the truck, the aforesaid persons and 5-6 others were standing. On seeing the police party, all started to flee away but, on chase, two persons were apprehended, who disclosed their name as Salauddin and Constable 330 Sushil Kumar. On search of the truck, 304 cartoons, containing several bottles of liquor in the volume of 2862.36 liters, were recovered. The apprehended accused disclosed the name of the petitioner and others, who succeeded to flee away.

Learned counsel for the petitioner submits that the name of the petitioner has been arrayed in the accused column of the F.I.R. on the basis of the confession made by the aforesaid apprehended accused before the police. Further submission is that the petitioner is accused in one more case of similar nature, as detailed in paragraph-3 to this application, in which he is on bail, due to that reason, the police has falsely implicated the petitioner in the present case.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.8906 of 2019(5) dt.10-07-2019 3/3 each to the satisfaction of the 6th Additional Sessions Judge, Saran at Chapra, in connection with Chapra Town P.S. Case No.11 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T