Jitendra Kumar @ Jitendra Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28219 of 2019 Arising Out of PS. Case No.-458 Year-2018 Thana- KHAJEKALA District- Patna ====================================================== Jitendra Kumar @ Jitendra Ray S/o Bijali Gope @ Bijali Ray R/o MohallaNaujar Ghat Behind the Chitragupt Mandir, P.S.- Khajekala, District- Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar, Advocate For the Opposite Party/s :
Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner who is an accused in Special Case No. 11652 of 2018 arising out of Khajekala P.S. Case No. 458 of 2018 registered for the offence punishable under section 30(a) of the Bihar Prohibition & Excise Amendment Act has prayed for bail on account of being in custody since 02.03.2019. As per the allegation in the FIR, on seeing the police the driver of the tempo escaped. Two other persons namely, Arvind Ray and the petitioner herein also escaped. It is stated that from the said tempo a total 560 litres of illegal liquor was recovered. It is submitted by learned counsel for the petitioner that the case of the petitioner stands on similar footing to that of Arvind Ray who had been granted bail by order dated 27.03. 2019 passed in Cr. Misc. No. 17481 of 2019. Further the
Patna High Court CR. MISC. No.28219 of 2019(4) dt.05-07-2019 2/2 petitioner is in custody since 02.03.2019.
Having heard learned counsel for the parties and taking into consideration the fact that the co-accused of the case has been granted bail, the petitioner named above is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna in Special Case No. 11652 of 2018 arising out of Khajekala P.S. Case No. 458 of 2018.
(Partha Sarthy, J) Prakash/- U T