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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38098 of 2022 Arising Out of PS. Case No.-269 Year-2022 Thana- BUXAR District- Buxar ====================================================== JITENDRA KUMAR SINGH @ JITENDRA SINGH S/O LATE SURYANATH SINGH Resident of Village- Kanaknarayanpur, P.S.- Buxar(M), District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.Kanhiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 18-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Buxar (M) P.S. Case No. 269/ 2022 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

As per prosecution case, there is alleged recovery of 26.80 litre illegal country made wine from the scooty which was being driven by the petitioner and he was apprehended on the spot.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.38098 of 2022(2) dt.18-08-2022 2/3 petitioner is in custody since 22.06.2022 and bears criminal antecedent of five cases of similar nature. Learned counsel specifically submits that charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner is neither owner nor driver of the seized scooty. Petitioner has falsely been implicated in this case. Seizure list has not been made as per law.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, as submitted and also taking into consideration the material available on record, let the petitioner above named be released on bail, after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise 1st, Buxar in connection with Buxar (M) P.S. Case No. 269/ 2022, subject to following conditions:- (i) One of the bailors shall be either father or

Patna High Court CR. MISC. No.38098 of 2022(2) dt.18-08-2022 3/3 mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) shahzad/- U T