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Patna High Court/1660/2021bail granted

Jitendra Kumar Das v. The State Of Bihar

2021-03-12Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1660 of 2021 Arising Out of PS. Case No.-79 Year-2020 Thana- RAGHOPUR District- Vaishali ====================================================== JITENDRA KUMAR DAS S/O VIRENDRA DAS Resident Of Village - Rupas Maruahi, P. S. - Salimpur, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Soni, Adv.

For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-03-2021 Heard Mr. Rakesh Kumar Soni, learned counsel for the petitioner and Mr. Uday Pratap Singh, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Raghopur (Rustampur OP) PS Case No. 79/2020 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2018, subsequently, Section 414 of the IPC was also added.

The allegation, as per First Information Report, is that the motorcycle being driven by the petitioner was intercepted by the police and the police recovered total quantity of 36 litres of country made wine and also seized the said motorcycle which was found to be stolen one.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.1660 of 2021(2) dt.12-03-2021 2/3 petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with an ulterior motive. Learned counsel further submits that petitioner has got no criminal antecedents and he is in custody since 02.06.2020. Learned counsel also submits that charge-sheet has been submitted against him and there is no likelihood that the petitioner will abscond or tamper with the evidences if he is released on bail.

Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 02.06.2020, charge-sheet has been submitted against him and there is no likelihood that the petitioner will abscond or tamper with the evidences if he is released on bail, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, JITENDRA KUMAR DAS be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Court, Vaishali at Hajipur in connection with Raghopur (Rustampur OP) PS Case No. 79/2020. It is made clear that at the time of furnishing bail

Patna High Court CR. MISC. No.1660 of 2021(2) dt.12-03-2021 3/3 bonds, all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T