Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18976 of 2020 Arising Out of PS. Case No.-28 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== Jitendra Kumar Son of Nawal Rai Resident of Village - Majhauli Chowk, P.S.- Bidupur, Distt - Vaishali.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Arjun Prasad, Advocate For the Opposite Party :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-05-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Bidupur P.S. Case No. 28 of 2020 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is in custody since 21.01.2020. He further submits that in the instant case total 162.45 litres of country made liquor and 26 litres beer were seized.

Counsel for the petitioner submits that the seizure was not made in accordance with the mandatory provisions of Section 100 of the Cr. P.C. Petitioner is a social worker and he has been made accused in this case because he is a social

Patna High Court CR. MISC. No.18976 of 2020(2) dt.13-05-2020 2/2 activist.

Considering the fact that the petitioner has got no criminal antecedent, the Court is inclined to grant bail to him. The petitioner, named above, is directed to be released on bail on furnishing his personal bond to the satisfaction of 2nd Additional Sessions Judge-cum-Special Judge, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 28 of 2020 due to the circumstance of total lockdown on account of the pandemic of COVID-2019, subject to the condition that if he is found involved in similar nature of case in future, the court below shall be at liberty to cancel bail bond. (Anil Kumar Upadhyay, J) BT/- U T