Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39120 of 2023 Arising Out of PS. Case No.-157 Year-2023 Thana- MAHUA District- Vaishali ====================================================== JITENDRA KUMAR Son of Rajendra Singh Resident of village - Mirja Nagar, P.S. - Mahua, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shanti Bhushan Singh For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Mahua Police Station Case No. 157 of 2023, dated 18.03.2023, disclosing offence under Sections 272/273/414/34 of the Indian Penal Code and Sections 30(a)/32(ii)/41(i) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as 'the Act').

The prosecution case, as per the First Information Report, is that the police, on secret information that the petitioner along with other accused persons have stored illicit liquor in a mango orchard situated at Mirja Nagar High School, arrived at the place of occurrence and recovered 387.345 liters of illicit liquor and on arrival of the police party, accused

Patna High Court CR. MISC. No.39120 of 2023(2) dt.28-07-2023 2/3 persons fled away. Upon enquiry, the police came to know that the persons who fled away from the place of occurrence were Jitendra Kumar and his associates.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of secret information and no illicit liquor has been recovered from the conscious possession of the petitioner and/or from the premises belonging to him. He next submits that liquor has been recovered form the public place which is open and accessible to all and sundry.

After having heard learned Counsel for the parties concerned and taking into consideration the fact that no illicit liquor has been recovered from the conscious possession of the petitioner and/or from premises belonging to him, I am inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, 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 the learned Additional District and Sessions Judge-cum-Exclusive Special Prohibition and Excise Court II,

Patna High Court CR. MISC. No.39120 of 2023(2) dt.28-07-2023 3/3 Hajipur, Vaishali, in connection with Mahua Police Station Case No. 157 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) ashwani/- U √ T √