Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 13774 of 2018 Arising Out of PS. Case No.-24 Year-2018 Thana- Gaya Kotwali District- Gaya ====================================================== Jitendra Kumar, Son of Late Pahalwan @ Manoj Ram, Resident of MohallaMurli Hill, Station Road, Mal Godam, Gaya, P.S.-Kotwali District-Gaya. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Nawal Kishore Singh Mr. Mukul Jee For the Opposite Party/s :
Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.
08-05-2018 Heard Sri Nawal Kishore Singh, learned counsel assisted by Sri Mukul Jee, learned counsel for the petitioner and Sri Ashok Kumar, learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 29-01-2018 in Gaya Kotwali P.S. Case No. 24 of 2018 registered for offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail. Learned counsel for the petitioner submits that nothing was recovered from conscious possession of the petitioner, rather in the case, recovery of huge quantity of country-made liquor, kept in 1600 pouches (total 320 liters), was shown behind the house of one Suresh Prasad and petitioner has falsely been implicated, as if, petitioner was involved in sale
Patna High Court Cr.Misc. No.13774 of 2018(4) dt.08-05-2018 2/2 of country-made liquor. It has been argued that petitioner has sufficiently been remained in custody.
Sri Ashok Kumar, learned Addl. Public Prosecutor has vehemently opposed the prayer for bail and it has been argued that in this case, on secret information, the police had conducted raid and huge quantity of country-made liquor was recovered. Be that as it may, considering the nature of accusation and period of custody, let the petitioner namely Jitendra Kumar be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Gaya in connection with Gaya Kotwali P.S. Case No. 24 of 2018. (Rakesh Kumar, J.) anay U T