Patna High CourtCR. MISC./37478/2024bail granted

Jitendra Kumar Bharti @ Jitendra Kumar Sah v. The State Of Bihar

2024-05-16Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37478 of 2024 Arising Out of PS. Case No.-50 Year-2024 Thana- KAMTAUL District- Darbhanga ====================================================== Jitendra Kumar Bharti @ Jitendra Kumar Sah Son of Mahendra Sahu Resident of Village- Barhuliya, P.S- Arer, Dist- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Sah For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kamtaul P.S. Case No. 50 of 2024, arising out of G.O. Case No. 659/2024 dated 25.02.2024 registered for the offences punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 351 litres of illicit Nepali liquor was recovered from a bolero pickup van.

4. Learned counsel for the petitioner has submitted that 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 has clean antecedent

Patna High Court CR. MISC. No.37478 of 2024(2) dt.16-05-2024 2/2 as stated in para 3 of the bail petition. The petitioner is the owner of the seized vehicle but he has no concern with the alleged recovery. The petitioner is in custody since 06.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. 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, Darbhanga in connection with Kamtaul P.S. Case No. 50 of 2024, arising out of G.O. Case No. 659/2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T