Chhote Singh @ Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39644 of 2023 Arising Out of PS. Case No.-8 Year-2020 Thana- MAKHDUMPUR District- Jehanabad ====================================================== CHHOTE SINGH @ JITENDRA KUMAR SON OF LATE DINESH SINGH @ LATE DIENSH SHARMA RESIDENT OF VILLAGE -AKBARPUR, POLICE STATION- HILSA, DISTRICT- NALANDA AT PRESENT RESIDENT BANGALI PARA, RAJGIR, PS- RAJGIR, DISTT- NALANDA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Shanker Pankaj For the Opposite Party/s :
Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 30(a), 32(2) and 41(1) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there has been recovery of 2331 liters of illegal foreign liquor from a container, Bearing No. RJ14GE-9144.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. The name of the petitioner has come into light, on the basis of confessional statement of apprehended co-accused person. He
Patna High Court CR. MISC. No.39644 of 2023(3) dt.31-08-2023 2/2 submitted that the petitioner has no concern either with the seized vehicle/container or with the wine in question. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 31.03.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Makhdumpur P.S. Case No. 08 of 2020.
(Sunil Kumar Panwar, J) arish/- U