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Patna High CourtCR. MISC./39365/2020allowed

Jitendra Singh v. The State Of Bihar

2021-11-30Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39365 of 2020 Arising Out of PS. Case No.-351 Year-2020 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

JITENDRA SINGH Son of Rajendra Singh Resident of village - Asani, P.S. - Udwantnagar, District - Bhojpur (Ara).

2.

SATYENDRA YADAV @ SATENDRA YADAV Son of Manoj Yadav Resident of village - Asani, P.S. - Udwantnagar, District - Bhojpur (Ara). 3.

HARENDRA SINGH Son of Sudeshwar Singh Resident of village - Asani, P.S. - Udwantnagar, District - Bhojpur (Ara). 4.

MANTOSH SINGH Son of Bagha Singh Resident of village - Asani, P.S. - Udwantnagar, District - Bhojpur (Ara).

5.

RAJU KUMAR Son of Kashi Yadav Resident of village - Asani, P.S. - Udwantnagar, District - Bhojpur (Ara).

... ... Petitioners.

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Maya Shankar Mishra For the Opposite Party/s :

Mr. Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-11-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

200 liters of country made liquor is said to have been recovered from the different places.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.39365 of 2020(3) dt.30-11-2021 2/3 physical possession of the petitioners. They have no concern either with the seized liquor or the place of recovery or any trade of liquor. They have been falsely implicated in this case at the instance of their enemy. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. They have no criminal antecedent.

Petitioners are agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) each in the Chief Minister's Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna.. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned 4th Additional Sessions Judge-cumSpecial Judge, Excise Act, Bhojpur at Ara in connection with Udwantnagar P.S. Case No.351 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of

Patna High Court CR. MISC. No.39365 of 2020(3) dt.30-11-2021 3/3 Rs.5,000.00 (Rupees Five Thousand) each in the Chief Minister's Relief Fund, Bihar.

(Anjani Kumar Sharan, J) Trivedi/- U