Jitendra Rai @ Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37351 of 2023 Arising Out of PS. Case No.-465 Year-2021 Thana- SUGAULI District- East Champaran ====================================================== JITENDRA RAI @ JITENDRA YADAV SON OF GORAK RAI BHAISADA BELA, PS- RAMGARHWA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420 and 120-B of the Indian Penal Code and Sections 30(a), 32(iii), 36 and 41(1) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with five antecedent and allegation is of recovery of 7260 liters of liquor from a truck. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that he came to be implicated based on confessional statement of Durgesh Narayan Singh in police custody which

Patna High Court CR. MISC. No.37351 of 2023(2) dt.23-06-2023 2/2 does not have any evidentiary value. It is next submitted that police falsely got him implicated because of his antecedent through Durgesh and in order to save the real culprit when admittedly, petitioner is not the owner of the truck and the car which was seized.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sugauli P.S. Case No. 465 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T