Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22042 of 2018 Arising Out of PS.Case No. -21 Year- 2018 Thana -MAHESHKHUNT District- KHAGARIA ====================================================== Jitendra Kumar, S/o Om Prakash Yadav, Resident of village- Naya Bazar Maheshkhunt, P.S.- Maheshkhunt, District- Khagaria. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Maheshkhunt P.S. Case No. 21 of 2018 registered under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

176.700 litres of foreign liquor is said to have been recovered from the Ford Fiesta Car and its driver was apprehended while three accused persons managed to escape. The driver disclosed the name of the petitioner as one of his fleeing accomplice in the occurrence.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern

Patna High Court Cr.Misc. No.22042 of 2018 (2) dt.17-04-2018 2/2 either with the seized liquor or the car in question. He has been falsely implicated in the case by the driver of the vehicle due to animosity. He was not apprehended on the spot. Though one more case under Excise Act has been lodged against the petitioner, but he is on bail in the aforesaid case. He has been languishing in custody since 10.02.2018.

Considering the facts aforesaid, the above named petitioner is directed to 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 the learned Special Judge, Excise, Khagaria in connection with Maheshkhunt P.S. Case No. 21 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T