Jitendra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63231 of 2021 Arising Out of PS. Case No.-106 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== JITENDRA S/o- Mahabir @ Mahabir Singh R/o- Village - Patel Nagar, P.S. - Sadar Sonopat, District - Sonipat (Haryana).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Ahiyapur P.S. Case No. 106 of 2021 for the offence registered under Sections 272, 273/34 of the Indian Penal Code and Sections 30(a) and 36 of the Bihar Prohibition and Excise Act. The allegation is regarding recovery of 612.450 litres of illicit liquor from a Tourist Mini bus and Omni car. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 12.02.2021. The learned counsel for the petitioner has further submitted that the petitioner is a cleaner of the Tourist Mini bus in question and has got no complicity in the

Patna High Court CR. MISC. No.63231 of 2021(2) dt.16-12-2021 2/2 alleged occurrence.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is merely a cleaner of the Mini bus in question, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to 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 learned Special Judge, Excise, Muzaffarpur in connection with Ahiyapur P.S. Case No. 106 of 2021. (Mohit Kumar Shah, J) S.Sb/- U T