Jitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7546 of 2018 Arising Out of PS.Case No. -887 Year- 2017 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Jitesh Kumar S/o Dinesh Kumar Sharma, R/o Village- Chhoti Badalpura, P.S.- Khagaul, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sarvan Kumar For the Opposite Party/s : Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Excise Case No. 1428 of 2017 arising out of Jehanabad P.S. Case No. 887 of 2017 registered under Sections 30(a) of the Bihar Prohibition and Excise Act.

On receiving secret information about carrying illicit liquor loading on two Indica Car bearing Registration Nos. BR0IT-1624 and JH-01AN-9011, checking was made and both cars were stopped by the informant and other police officials. On search, in car bearing Registration No. BR-0IT-1624, 17 cartons, containing 203 bottles of Indian made foreign liquor recovered but the driver managed to flee away and from another car, nothing has

Patna High Court Cr.Misc. No.7546 of 2018 (2) dt.08-02-2018 2/2 been recovered but two persons were found sitting who disclosed their name as Rikesh Kumar and Tushar Pandey. On query both disclosed the name of petitioner as driver of the car bearing registration no. BR-0IT-1624.

Learned counsel for the petitioner submits that petitioner was not apprehended on the spot and his name has been surfaced in the confessional statement of co-accused. Further submission is that petitioner has no criminal antecedent and is in custody since 25.12.2017.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Jehanabad, in connection with Excise Case No. 1428 of 2017 arising out of Jehanabad P.S. Case No. 887 of 2017. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) sushma/- U T