Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8467 of 2023 Arising Out of PS. Case No.-537 Year-2021 Thana- FATUA District- Patna ====================================================== JITENDRA KUMAR SON OF BALMIKI SINGH R/O VILLAGEGAURIPUNDA, P.S.- FATUHA, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner seeks regular bail in connection with Fatuha P.S. Case No. 537/2021, registered for the offence punishable under Sections 30(a)/56(C) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of suspicion. Petitioner has no criminal antecedent. No liquor has been recovered from the conscious possession of the petitioner. According to seizure list, 210 litres of liquor was recovered from the other accused persons. Petitioner is in custody since 03.12.2022.

Learned APP has vehemently opposed the prayer for

Patna High Court CR. MISC. No.8467 of 2023(2) dt.03-05-2023 2/2 bail.

Considering the nature of allegation levelled against the petitioner, his period of custody and also the fact that he has clean antecedent, this application is allowed. Let the petitioner, above named, be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna City, Patna in connection with Fatuha P.S. Case No. 537/2021.

(Sandeep Kumar, J) Ranjeet/- U T