Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49762 of 2022 Arising Out of PS. Case No.-72 Year-2022 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== JITENDRA KUMAR S/O RAM SAKHI RAM Resident of village- Chogara, P.S.- Durgawati, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar Seth For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-09-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Durgawati P.S. Case No. 72 of 2022 registered for the offences punishable under Sections 414/35 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act. As per prosecution case, there is alleged recovery of 72 liters country made liquor from Alto car in question. Petitioner is apprehended on spot.

Learned counsel for the petitioner submits that petitioner is in custody since 04.04.2022. Petitioner bears no criminal antecedent. Charge sheet has already been submitted in

Patna High Court CR. MISC. No.49762 of 2022(2) dt.23-09-2022 2/3 the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that the petitioner is neither driver nor owner of the said vehicle. Nothing has been recovered from the conscious possession or personal possession of the petitioner. Petitioner is not concern with the alleged car or with the alleged liquor. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, keeping in view clean antecedent of the petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Alok Kumar Pandey - I, learned Special Judge - II, Excise, Kaimur at Bhabhua in connection with Durgawati P.S. Case No.

Patna High Court CR. MISC. No.49762 of 2022(2) dt.23-09-2022 3/3 the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkr/- U T