Jitendra Rai @ Jittan Rai @ Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50054 of 2022 Arising Out of PS. Case No.-388 Year-2022 Thana- NAGAR District- Vaishali ====================================================== JITENDRA RAI @ JITTAN RAI @ JITENDRA KUMAR S/O RAJESHWAR RAI Resident of Mohalla- Pokhara Mohalla. P.S.- Hajipur Town, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner at the outset seeks permission to make rectification in the prayer portion of the anticipatory bail application.

Permission is accorded.

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

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 58.860 liters of liquor from an E-rickshaw. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing

Patna High Court CR. MISC. No.50054 of 2022(2) dt.20-09-2022 2/2 was recovered from his conscious possession, it is also submitted that petitioner is neither the owner nor the driver of the alleged E-Rickshaw and his name transpired in the confessional statement of Shambu Chaudhary which has no evidentiary value.

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

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. 10,000/- (Rupees Ten Thousand) each 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 Hajipur town P.S. Case No. 388 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) gauravkr/- U T