Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2588 of 2021 Arising Out of PS. Case No.-467 Year-2019 Thana- PAROO District- Muzaffarpur ====================================================== JITENDRA KUMAR, Son of Devendra Kumar Sharma, Resident of Village - Khora, Anchal - Kalyanpur, P.S. - Kesariya, District - East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-11-2021 Heard learned counsel for the parties.

Let the defect(s), if any, be removed within four weeks after complete start of the physical Court. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 307/34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 30 and 30(a) of the Bihar Prohibition and Excise Act, 2018. From the commercial vehicle owned by the petitioner liquor was, allegedly, recovered and the driver of the vehicle was apprehended at the spot.

Submission is that the petitioner has got no criminal antecedent nor the petitioner had knowledge as to what the driver was carrying on the vehicle nor there is any other material to substantiate that the liquor was being carried to the knowledge of the petitioner.

Patna High Court CR. MISC. No.2588 of 2021(2) dt.15-11-2021 2/2 Considering lack of direct material against the petitioner's involvement, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Paroo Police Station Case No. 467 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T