Jitendra Rai @ Jitendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54148 of 2017 Arising Out of PS.Case No. -182 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictVAISHALI(HAJIPUR) ======================================================

1. Jitendra Rai @ Jitendra Ray, Son of Late Ram Dayal Rai, Resident of Village- Choudhary Mubarak Ali, Ward No.16, Hajipur, P.S.- Hajipur Town, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with C2A/182 of 2017 registered for offences punishable under Sections 30(A) and 35(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is about recovery of 30 ltrs. of liquor from behind the betel shop of the petitioner. Submission of the learned counsel for the petitioner is that nothing has been recovered from his conscious possession, he has no criminal antecedent, and he is in custody for about three months.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.54148 of 2017 (3) dt.21-11-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions judge-II-cumSpecial Judge, Vaishali at Hajipur in connection with Complaint vide No.C-2A/182 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T