Patna High CourtCR. MISC./53152/2023bail granted

Jatindra Singh @ Jitendra Singh v. The State Of Bihar

2023-08-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53152 of 2023 Arising Out of PS. Case No.-157 Year-2023 Thana- SARAI District- Vaishali ====================================================== Jatindra Singh @ Jitendra Singh, Son Of Kuldeep Singh, Resident of VillageGally No..2, Ghandhi Nagar, Rampur Phul, P.S. -BHATENDHA, DistrictBhatendha, Punjab ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Sarai P.S. Case No. 157 of 2023 dated 09.06.2023 registered for the offences punishable u/ss 420, 467, 468, 471 and 120B of the Indian Penal Code and u/ss 30(a), 32, 36 and 41(i) (ii) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, the petitioner was apprehended with a truck from which 2684.880 litres of illicit India made foreign liquor was recovered. It is further alleged

Patna High Court CR. MISC. No.53152 of 2023(2) dt.24-08-2023 2/2 that the petitioner is the driver of the said truck.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner is the driver of the said truck but he has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.06.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Sarai P.S. Case No. 157 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T