Jitendra Ray @ Jitendra Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31721 of 2023 Arising Out of PS. Case No.-243 Year-2023 Thana- GARDANIBAG District- Patna ====================================================== PRAMOD KUMAR Son of Rambali Prasad @ Ramabali Yadav Resident of Village - Srinagar Masaurhi, P.S.- Masaurhi, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Sinha For the Opposite Party/s :
Mr. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in connection with Special Case No. 2910 of 2023 arising out of Gardanibagh P.S. Case No. 243 of 2023 dated 21.03.2023 registered for the offences punishable u/s 30(a)/34 of Bihar Prohibition and Excise Act. As per the prosecution case, total 270 litres of illicit mahua liquor was recovered from the car.
Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.31721 of 2023(2) dt.22-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is neither the owner nor the driver of the seized vehicle. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.03.2023.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Special Case No. 2910 of 2023 arising out of Gardanibagh P.S. Case No. 243 of 2023. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T