Jitendra Kumar @ Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51083 of 2018 Arising Out of PS.Case No. -46 Year- 2018 Thana -SANJHOLI District- SASARAM (ROHTAS) ======================================================

1. Jitendra Kumar @ Jitendra Yadav son of Kanhaiya Singh resident of Village : Masauna, P.S. Sanjhauli, District : Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Sanjhauli P.S.Case No.46 of 2018 dated 7.5.2018 , registered for offences punishable under Sections 420, 467, 468, 272, 273 of the Indian Penal Code and Section 30(a)(e), 32(c) of Biahr Prohibtion and Excise Act, 2016.

Allegation is against the co-accused of recovery of 2.6 lt5rs. of liquor and name of the petitioner was disclosed by the coaccused. Submission of the learned counsel for the petitioner is that except disclosure by the co-accused there is absolutely nothing against him and there is no recovery also.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.51083 of 2018 (2) dt.05-09-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Rohtas at Sasaram in connection with Sanjhauli P.S.Case no.46 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T