Jitendra Kumar Singh @ Jitendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43491 of 2024 Arising Out of PS. Case No.-711 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== Jitendra Kumar Singh @ Jitendra Singh S/O Ram Parbesh Singh R/o VillageMalpur Urf Dilwarapur, P.S.-Patepur(Wrongly mentioned in F.I.R. P.S.-- Fatehpur), District-Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Sudha, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in Khagaria (Muffasil) P.S. Case No. 711 of 2021, registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 2934 liters liquor was recovered from a container bearing Registration No. UP21N-5111.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that the petitioner is neither owner nor driver of the container

Patna High Court CR. MISC. No.43491 of 2024(2) dt.28-06-2024 2/2 and name of the petitioner has transpired on the basis of confessional statement made by co-accused Ajay Kumar Yadav which has no evidentiary value. The petitioner has got three criminal antecedents in which the petitioner is on bail in two cases. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection withKhagaria (Muffasil) P.S. Case No. 711 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T