Patna High CourtCR. MISC./39720/2024bail granted

Jitendra Tuddu v. The State Of Bihar

2024-06-04Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39720 of 2024 Arising Out of PS. Case No.-174 Year-2021 Thana- SARSI District- Purnia ====================================================== Jitendra Tuddu Son of Dhena Tuddu Resident of Village - Badhai Tola, P.S.- Sarsi, District - Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar, Advocate For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-06-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Sarsi P.S. Case no. 174 of 2021 registered under sections 272 and 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on secret information having been received, it is stated that a raid was conducted and 55.635 liters of IMFL was recovered. It further transpired from the co-villagers that the seized liquor belong to the petitioner and had been hidden by him.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Neither he has any concern with the seized liquor nor from

Patna High Court CR. MISC. No.39720 of 2024(2) dt.04-06-2024 2/2 the land from which it was allegedly seized. The petitioner is in custody since 28.3.2024 and has no criminal antecedent.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., his being in custody since 28.3.2024, the petitioner having no concern with the land from which the seized liquor was allegedly seized and specially his not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Sarsi P.S. Case no. 174 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise Court No. 1, Purnea.

(Partha Sarthy, J) Bibhash/- U T