Jitendra Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14760 of 2018 Arising Out of PS. Case No.-153 Year-2017 Thana- RAGHUNATHPUR District- Siwan ====================================================== Jitendra Bin S/o Kedar Bin, R/o Village- Gabhirar Bin Tolwa, P.S.- Raghunathpur, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Kumar For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Raghunathpur P.S. Case no. 153 of 2017 registered under Sections 272, 273, 308 of the Indian Penal Code and Sections 30, 38, 41 of Bihar Prohibition & Excise Act-2016. 596.26 lts. of foreign liquor is said to have been recovered from the sugarcane field while nine accused persons including the petitioner managed to escape from the place of occurrence, who were identified by local people. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either

Patna High Court Cr.Misc. No.14760 of 2018(4) dt.25-04-2018 2/2 with the seized liquor or with the place of recovery. He has been falsely implicated in the case by the locals. He was not apprehended on the spot. The identity and genuineness of source of information has not been disclosed by the informant. He has no criminal antecedent. He has been languishing in custody since 16.01.2018. Similarly situated co-accused namely, Babulal Bin, Maghu Bin and Ramnath Bin have been enlarged on bail by this Court vide order dated 15.02.2018 passed in Cr. Misc. no. 8156 of 2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned IInd Additional Sessions Judge, Siwan in connection with Raghunathpur P.S. Case no. 153 of 2017.

(Prakash Chandra Jaiswal, J) rohit/- U T