Jitendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18043 of 2023 Arising Out of PS. Case No.-19 Year-2023 Thana- DERNI BAZAR District- Saran ====================================================== JITENDRA RAI, aged about 24 years, Male, SON OF NAGESHWAR RAI R/O VILLAGE- POJHI DAKSHIN TOLA, P.S.- DERNI, DISTRICTSARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Jitendra Kumar Singh, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Derni P.S. Case No. 19 of 2023 dated 09.02.2023 registered for the offence(s) punishable under Section(s) 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 150 litres of country made liquor and the same is stated to have been recovered behind the petitioner's house from a heap of straw and the same was not recovered from the conscious possession of the petitioner, who has been languishing in jail since 10.02.2023 and against him, the

Patna High Court CR. MISC. No.18043 of 2023(2) dt.09-05-2023 2/2 investigation has been completed and he is the sole bread earner of his family. Further submission is that though against the petitioner, there are criminal antecedents of three cases but he is on bail in all the said cases

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly the petitioner's young age, as mentioned in the petition, and the completion of the investigation against him and also taking into account the fact that as per the FIR, the alleged wine is stated to have been recovered behind the petitioner's house from a heap of straw, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail after framing of charge, if the same has not been framed in connection with Derni P.S. Case No. 19 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Sanjay/- U T