Bittu @ Afzal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21367 of 2020 Arising Out of PS. Case No.-363 Year-2019 Thana- JOKIHAT District- Araria ====================================================== BITTU @ AFZAL Son of Late Rasool @ Late Gulam Rasool, Resident of Village- Jokihat Bazar, Ward No.06, P.S.- Jokihat, Distt.- Araria. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kundan Kumar Singh, Adv.
For the Opposite Party/s :
Ms. Anita Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-08-2020 Heard both sides through Video Conferencing.
Petitioner seeks bail in Jokihat P.S. Case No.363 of 2019 registered under Sections 272, 273 and 34 of the IPC and under Section 30(a) of the Bihar Prohibition and Excise Act. The informant (S.H.O. of Jokihat P.S.) alleged that he along with other police officials after having received secret information that Sanjay Bhagat was selling liquor, the place of Sanjay Bhagat was raided and 14 litres of beer was recovered. Sanjay Bhagat is said to have disclosed the names of four persons including the petitioner as supplier of the liquor. Learned counsel for the petitioner submits that Sanjay Bhagat has already been granted bail by order dated 11.12.2019 passed in Cr.Misc.No.77100 of 2019. The petitioner was also granted anticipatory bail vide order dated 29.02.2020 passed in
Patna High Court CR. MISC. No.21367 of 2020(2) dt.13-08-2020 2/2 Cr.Misc.No.5359 of 2019 but unfortunately the petitioner could not surrender in the court below within the stipulated time. The petitioner was arrested on 28.04.2020 and since then the petitioner is in custody.
Having considered the facts that the name of petitioner figured in the case in the so-called statement of Sanjay Bhagat from whose possession 14 litres of beer was recovered, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Araria in connection with Special Case No.1339 of 2019 arising out of Jokihat P.S. Case No.363 of 2019. (Prabhat Kumar Jha, J) Harish/- U T