Jitendra Rai @ Jitan Rai @ Jatan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19641 of 2022 Arising Out of PS. Case No.-14 Year-2022 Thana- PANAPUR District- Saran ====================================================== Jitendra Rai @ Jitan Rai @ Jatan Rai Son of Late Raghuvir Rai Resident of Village - Banawara, P.s.- Baikunthpur, Distt.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bishwajeet Singh, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Panapur P.S. Case No. 14 of 2022 registered for the offence under Sections 30, 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is not named in the F.I.R. and is in custody since 29.01.2022.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 1200 litres of country made liquor.

Patna High Court CR. MISC. No.19641 of 2022(2) dt.15-07-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of disclosure made by co-accused, apprehended at the spot. It has further been submitted that admittedly, it is not a case of recovery from the conscious physical possession of the petitioner. It has further been submitted that petitioner is a man of clean antecedent. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has already been submitted in this case, as such, there is no chance of tampering with the evidence. Learned APP, while opposing the prayer of bail, fairly conceded the fact that recovery has been made from open area of Ganga diyara.

Considering the facts and circumstances as mentioned above, as the alleged recovery has not been made from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Panapur P.S. Case No. 14 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise

Patna High Court CR. MISC. No.19641 of 2022(2) dt.15-07-2022 3/3 Court, Saran/ concerned court, subject to the following conditions:

"(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(ii) That one of the bailors shall be Arun Ray, who is the brother-in-law of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) S.Katyayan/ R.S.Sen/- U T