Patna High CourtCR. MISC./27529/2024bail granted

Jitendra @ Jitu Kumar @ Jitu @ Jitendra Kumar v. The State Of Bihar

2024-04-10Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27529 of 2024 Arising Out of PS. Case No.-332 Year-2023 Thana- PARANDABAR District- Nawada ====================================================== Jitendra @ Jitu Kumar @ Jitu @ Jitendra Kumar Son of Umesh Prasad Resident of Village- Harnarayanpur, Police Station- Parnadabar, DistrictNawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-04-2024

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

2. The petitioner seeks bail in connection with Parnadabar P.S. Case No. 332 of 2023 instituted for the offences punishable under Section 414 of the Indian Penal Code and Sections 30(a), 41 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 345 litres of liquor was recovered from four motorcycles.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner was not apprehended on the spot. The name of the petitioner transpired in this case on the basis of disclosure made by co-accused Sonu Kumar who has already been granted bail

Patna High Court CR. MISC. No.27529 of 2024(2) dt.10-04-2024 2/2 by this Court vide order dated 28.02.2024 passed in Cr. Misc. No. 13770 of 2024. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 23.02.2024 and has one criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Parnadabar P.S. Case No. 332 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T