Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 17745 of 2020 Arising Out of PS. Case No.-4 Year-2020 Thana- KOTHIGRAM District- Gaya ====================================================== Jitendra Kumar, aged about 25 years, Male Son of Kail Das Resident of Village - Manjhauli, P.S.- Suhail, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 13-05-2020 The matter has been listed and heard vide video conferencing in view of the lock-down imposed on account of the COVID-19 pandemic.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner is in custody in connection with Kothi PS Case No. 04 of 2020 dated 01.02.2020 instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

4. The allegation against the petitioner is that 100 liters of mahua liquor was recovered from his possession.

5. Learned counsel for the petitioner submitted that there is no recovery from his possession and falsely such

2/3 recovery has been shown. It was further submitted that the petitioner has no other criminal antecedent and is in custody since 01.02.2020.

6. Mr. Jharkhandi Upadhyay, learned APP submitted that there is recovery of mahua liquor from the petitioner.

7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Gaya in Kothi PS Case No. 04 of 2020, subject to the conditions (i) that one of the bailors shall be a close relative of the petitioner, (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner, and (iii) that the petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

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8. The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J) Anjani/ P. Kumar