Jitendra Kumar @ Jitendra Rai @ Bhadar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36292 of 2021 Arising Out of PS. Case No.-23 Year-2021 Thana- KANHAULI District- Sitamarhi ====================================================== JITENDRA KUMAR @ JITENDRA RAI @ BHADAR RAI Son of Nagendra Rai Resident of Village - Madanpur, P.S.- Dumra, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Kanhauli P.S.Case No. 23/2021, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 186 liters of illicit liquor from a tempo.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is

Patna High Court CR. MISC. No.36292 of 2021(2) dt.14-12-2021 2/3 having a clean antecedent and he is languishing in custody since 15.2.2021. The learned counsel for the petitioner has further submitted that the petitioner is not the owner of the tempo in question.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is not the owner of the tempo in question and he is languishing in custody since 15.2.2021, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ II cum Special Judge, Excise Act, Sitamarhi in connection with Kanhauli

Patna High Court CR. MISC. No.36292 of 2021(2) dt.14-12-2021 3/3 P.S.Case No. 23/2021.

(Mohit Kumar Shah, J) Ajay/- U T