Jitendra Kumar @ Sukhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50998 of 2021 Arising Out of PS. Case No.-116 Year-2021 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== JITENDRA KUMAR @ SUKHARI Son of Late Mouje Lal Paswan Resident of Village- Basnatpur, P.S.- Kundwachainpur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhurendra Kumar, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Kundwachainpur P.S. Case No. 116 of 2021 registered for the offences punishable under Sections 413, 414/34 of the Indian Penal Code 1860, Sections 30(a) and 41 (i) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The allegation, as per the First Information Report, is that the Police intercepted a Motorcycle which was found stolen one and 61.8 litres of illicit Nepali liquor was recovered from the same.

Patna High Court CR. MISC. No.50998 of 2021(2) dt.08-04-2022 2/3 Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and from perusal of the First Information Report, it would be evident that the Motorcycle and the illicit liquor belong to the co-accused Sachin Kumar. He further submits that the petitioner was not aware about the fact that the Motorcycle was stolen one. The petitioner is in custody since 2.6.2021 and charge sheet has already been submitted.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 2.6.2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, East Champaran, Motihari, in connection with Kundwachainpur P.S. Case No. 116 of 2021 subject to the

Patna High Court CR. MISC. No.50998 of 2021(2) dt.08-04-2022 3/3 condition that the petitioner will not repeat the similar offence in future.

(Anil Kumar Sinha, J) S.Ali/- U T