Jitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24515 of 2022 Arising Out of PS. Case No.-453 Year-2021 Thana- DIGHA District- Patna ====================================================== Jitesh Kumar, S/O Jalandhar Rai R/O Mica Colony Yaduvansinagar, Police Station - Digha, District - Patna.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ram Jiban Pd. Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 69 bottles of liquor of 180ml each in a plastic sack kept on a motorcycle.

The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated merely because he is owner of the motorcycle. The learned counsel submits that he had lent the motorcycle to one

Patna High Court CR. MISC. No.24515 of 2022(2) dt.10-08-2022 2/2 of his friend and it appears that while the motorcycle was parked, someone kept the sack on the motorcycle and fled away seeing the police.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Digha P. S. Case No.453 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T