Jitendra Rai @ Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27903 of 2021 Arising Out of PS. Case No.-5 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Khagaria ====================================================== ROHIT KUMAR S/O LATE RAJ KUMAR CHAUDHARY R/O VILLAGEMANSI KHUTIYA, P.S MANSHI, DISTRICT-KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-11-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of Excise Case No.05 C-3 of 2021, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The learned counsel for the petitioner submits that petitioner is in custody since 13.01.2021 and charge-sheet has been submitted. Learned counsel for the petitioner further submits that from allegation, it would be manifest that 10 litres of country made liquor has been recovered from the possession of the petitioner, which does not belong to the petitioner. Learned APP vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.27903 of 2021(2) dt.22-11-2021 2/2 Considering the fact that the petitioner is in custody since 13.01.2021 and the illicit liquor does not belong to the conscious possession of the petitioner, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-II, Khagaria, in connection with Excise Case No.05 C-3 of 2021. (Satyavrat Verma, J) sanjeev/- U T