Jitendra Kumar @ Fantoos v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29861 of 2020 Arising Out of PS. Case No.-12 Year-2020 Thana- GAYA KOTWALI District- Gaya ====================================================== JITENDRA KUMAR @ FANTOOS Son of Late Shyam Prasad Resident of Mohalla - New Area Piparpati, P.S. - Kotwali, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Shyam Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 323, 341, 448 of I.P.C. and Sections 25(1-b)A/26/27/35 of the Arms Act and Sections 30(a), 37(11) of Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that one loaded country

Patna High Court CR. MISC. No.29861 of 2020(2) dt.13-11-2020 2/2 made pistol with a live cartridge and 1.500 liters wine are recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.01.2020. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that one loaded country made pistol with a live cartridge and 1.500 liters wine is recovered from the joint house of the petitioner where other family members also reside. The petitioner is said to be found in drunken state. There is no compliance of Section 100 of Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge (Excise Act), Gaya in connection with Kotwali P.S. case No.12 of 2020. (Sudhir Singh, J) Narendra/- U T