Jitandra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14220 of 2018 Arising Out of PS.Case No. -196 Year- 2017 Thana -DARAUNDHA District- SIWAN ======================================================

1. Jitandra Singh, S/o Late Chadraket Singh, R/o Village Jalalpur, P.S.- Daraunda, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 25.11.2017 in connection with Daraunda P.S. Case No. 196/17 for offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 30, 30(A) of the Bihar Excise and Prohibition Act, 2016.

The prosecution case, as lodged by the police personnel, is that on secret information that the petitioner is selling illicit liquor the police conducted a raid and apprehended the petitioner. From the bush two bottles of 375 ml of foreign liquor was recovered from a bag. Accordingly, a seizure-list was

Patna High Court Cr.Misc. No.14220 of 2018 (2) dt.13-03-2018 2/3 prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, nothing has been recovered from the possession of the petitioner and just because he has a criminal history, he has been falsely implicated in the aforesaid case. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail stating therein that three more cases of similar nature are pending against the petitioner.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Addl. District and Sessions Judge-II, Siwan, in connection with Daraunda P.S. Case No. 196/2017, subject to the conditions that:

(1) 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.

Patna High Court Cr.Misc. No.14220 of 2018 (2) dt.13-03-2018 3/3

(2) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds. (Nilu Agrawal, J) Rajesh/- U T