Patna High CourtCR. MISC./48141/2023bail granted

Jitendra Prasad @ Jitendra Kumar v. The State Of Bihar

2023-07-27Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48141 of 2023 Arising Out of PS. Case No.-138 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== Jitendra Prasad @ Jitendra Kumar S/O Mahendra Prasad R/O VillageRajepur Ps. Rajepur Dist. East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272, 273 of the I.P.C. and Section 30(A) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 39.315 litres of liquor from the house of Prem Chand Prasad.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated by the villagers, but then, the F.I.R. does not disclose

Patna High Court CR. MISC. No.48141 of 2023(2) dt.27-07-2023 2/2 the name of the villager, who disclosed the name of the petitioner and even alleged recovery is from a place, which does not belong to the petitioner.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special, Excise Court No.1, Civil Court, East Champaran at Motihari in connection with Rajepur P. S. Case No.138 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T