Jitendra Rai @ Jitendra Kumar @ Jeetendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50271 of 2024 Arising Out of PS. Case No.-699 Year-2024 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Jitendra Rai @ Jitendra Kumar @ Jeetendra Ray S/O Late Nathuni Ray R/O Village- Karanpur, Muradpur, P.S- Bochaha, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Nitu Kumari For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 41 of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 2750 litres of liquor from a Hywa truck.

4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized vehicle. It is next submitted that he came to be implicated at the instance of Chowkidar with whom he is on an inimical term. It is also submitted that it appears that the police, in order to save the real culprit, falsely implicated the petitioner taking advantage of his

Patna High Court CR. MISC. No.50271 of 2024(2) dt.25-07-2024 2/2 antecedents.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Ahiyapur (Garha O.P) P.S. Case No. 699 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. 7.

It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that the petitioner has antecedent of more than three cases in that event the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) SUMIT/- U T