Jitendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59750 of 2021 Arising Out of PS. Case No.-47 Year-2020 Thana- MANIYARI District- Muzaffarpur ====================================================== JITENDRA RAY S/o RAMDENI RAY R/o VILLAGE-CHAKMEHSI, P.SMANIYARI, DISTRICT-MUZAFFARPUR, BIHAR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-02-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in virtual court proceeding.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Maniyari P.S. Case No. 47 of 2020 registered for the offences punishable under Sections 272, 273, 290, 34 of the IPC and Sections 30(a), 34, 36, 41, 56(d) of Bihar Prohibition and Excise Act, 2016. There is recovery of 2655.750 litres of illicit foreign liquor from a truck.

Learned counsel for the petitioner submits that petitioner has committed no offence and he has falsely been

Patna High Court CR. MISC. No.59750 of 2021(2) dt.08-02-2022 2/3 implicated in the present case. He further submits that nothing has been recovered from conscious possession of the petitioner. He further submits that petitioner was not apprehended at the spot. Petitioner is neither driver nor khalasi of truck in question. The seized truck does not belong to the petitioner. He further submits that co-accused Damodar Ray has been granted bail by a co-ordinate Bench of this court vide order dated 30.06.2021 passed in Cr. Misc. No. 16775 of 2021. Petitioner is in custody since 06.08.2021.

The learned Additional Public Prosecutor opposed the prayer of bail submitting that petitioner carries two criminal antecedent.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned Special Judge, Excise, Muzaffarpur in connection with Maniyari P.S. Case No. 47 of 2020, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two

Patna High Court CR. MISC. No.59750 of 2021(2) dt.08-02-2022 3/3 consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. 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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) shahzad/- U T