Patna High CourtCR. MISC./32183/2020bail granted

Jitendra Choudhay v. The State Of Bihar

2021-01-04Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32183 of 2020 Arising Out of PS. Case No.-176 Year-2020 Thana- GURUA District- Gaya ====================================================== JITENDRA CHOUDHAY Son of Ram Vilas Choudhary Resident of Village - Pendapur, P.S.- Gurua, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Sharan, Advocate For the Opposite Party/s :

Mr. J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-01-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all the defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner is in custody since 11.08.2020 in connection with Gurua P.S. Case No. 176 (CIS 963/2020) for the alleged offences under Sections 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 545 litres of wine from Scorpio vehicle. It is submitted that the prosecution story

Patna High Court CR. MISC. No.32183 of 2020(2) dt.04-01-2021 2/3 is highly doubtful considering that the police party is said to have seized the said Scorpio at 7.30 in the evening on 10.08.2020, whereas the seizure list has been prepared at 12.15 AM on 11.08.2020. The FIR has been instituted subsequently on the basis of information said to have been received at 3.00 AM on 11.08.2020. It is submitted that the petitioner has been apprehended from his house only on the basis of one criminal antecedent and no recovery has been made from him. The petitioner has already spent about four and half months in custody.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 11.08.2020, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Gaya in connection with Gurua P.S. Case No. 176 of 2000 (CIS 963/2020), if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the

Patna High Court CR. MISC. No.32183 of 2020(2) dt.04-01-2021 3/3 notice of this Court.

(Vikash Jain, J) HR/- U T