Patna High CourtCR. MISC./41705/2024bail granted

Jitendra Kumar v. The State Of Bihar

2024-05-30Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41705 of 2024 Arising Out of PS. Case No.-162 Year-2024 Thana- JOGAPATTI District- West Champaran ====================================================== Jitendra Kumar S/o Fulena Sah R/o vill - Bahuwarwa, Chuhari, Sanichari Chowk, P.S. - Sanichari, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar, Adv.

For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Yogapatti P.S. Case No. 162 of 2024, lodged on 01.05.2024 under Sections 272, 273, 414 of the Indian Penal Code read with section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, FIR has been lodged against the present petitioner. Total 62.100 litres of illicit liquor has been recovered which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the alleged recovery has been made from a

Patna High Court CR. MISC. No.41705 of 2024(2) dt.30-05-2024 2/2 motorcycle which does not belongs to the petitioner as he is not the owner of the said motorcycle. Counsel further submits that the criminal antecedent of the petitioner is clean and he is in custody since 02.05.2024 in the present case.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-II, Bettiah, West Champaran in connection with Yogapatti P.S. Case No. 162 of 2024, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J.) Divyansh/- U T