Jitendra Kumar Yadav @ Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7441 of 2019 Arising Out of PS. Case No.-219 Year-2018 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== JITENDRA KUMAR YADAV @ JITENDRA KUMAR, aged about 22 years, Male, Son of Suresh Yadav, Resident of Mohalla- Ward No. 33, Sohanipatti, Buxar, P.S.- Buxar(Town) ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Anil Kumar Roy, Adv.
For the Opposite Party :
Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-02-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.
The petitioner is languishing in judicial custody since 01.11.2018 in connection with Buxar (Industrial) P.S. Case No. 219 of 2018 for the offence alleged under Section 30(a) of the Bihar Prohibition Excise (Amendment) Act, 2018. The prosecution case, as lodged by the police personnel, is that on getting a tip off they stopped a tempo. On search of tempo 31.600 liters of illicit liquor were recovered. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner, who was just a driver of the said tempo. He undertakes not to induce witnesses or tamper with the prosecution evidence. However, the learned Additional Public Prosecutor for
Patna High Court Cr.Misc. No.7441 of 2019(2) dt.08-02-2019 2/2 the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Buxar (Industrial) P.S. Case No. 219 of 2018 to the satisfaction of the learned Additional District Judge II-cumSpecial Judge, Excise Act, Buxar. (Nilu Agrawal, J) Shamshad/- U T