Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9097 of 2019 Arising Out of P.S. Case No.-6 Year-2019 Thana- SITAMARHI District- Sitamarhi ====================================================== JITENDRA KUMAR, aged about 24 years (Male), Son of Hari Chandra Sah @ Harischandra Sah R/o village- Riga road , P.S- Sitamarhi, DistrictSitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ajay Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-02-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner seeks bail in connection with Sitamarhi P.S.Case No.06 of 2019 for the offence alleged under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case as lodged by the police personnel is that on secret information, raid was conducted in the house of one Pankaj Yadav and from the courtyard 91.380 litres of Indian Made Foreign liquor and Nepali Saufi wine were recovered. The petitioner was apprehended at the spot who confessed that he and one Pankaj Yadav are the owners of the said liquor and they trade in liquor. Accordingly, a seizure list

Patna High Court Cr.Misc. No.9097 of 2019(2) dt.15-02-2019 2/3 was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and nothing has been recovered from the possession of the petitioner or from the house of the petitioner and self confessional statement before the police has no evidentiary value in the eye of law. He further submits that the petitioner is languishing in judicial custody since 03.01.2019 for no fault on his part. However, learned APP for 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 competition of three months in custody on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Sitamarhi P.S.Case No.06 of 2019 to the satisfaction of learned Additional District Judge-II-cum-Special Judge, Excise Act, Sitamarhi, DistrictSitamarhi, subject to the following conditions:- (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (ii) If the petitioner indulges in an offence of similar

Patna High Court Cr.Misc. No.9097 of 2019(2) dt.15-02-2019 3/3 nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Nilu Agrawal, J) B.Kr./- U T