Jitendra Chaudhary @ Jitendra Chaudhry @ Murari Jitendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9889 of 2021 Arising Out of PS. Case No.-533 Year-2020 Thana- SHERGHATI District- Gaya ====================================================== Jitendra Chaudhary @ Jitendra Chaudhry @ Murari Jitendra Chaudhary Son Of Nago Chaudhary R/O Village-Lipganj Chatti, PS-Sherghati, District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Adv.

For the State :

Dr. Ajeet Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Sherghati P.S. Case no. 533 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, 150 litres of toddy and 5 litres of mahua liquor was recovered from the house of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the person or possession of the petitioner. It is further stated that the alleged place of recovery cannot be stated to be under exclusive lock

Patna High Court CR. MISC. No.9889 of 2021(2) dt.07-06-2021 2/2 and key of the petitioner. The petitioner is in custody since 14.10.2020 and has no criminal antecedent.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the period in custody and the petitioner not having any criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Sherghati P.S. Case no. 533 of 2020 on furnishing bail bond of Rs. 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Gaya.

(Partha Sarthy, J) Bibhash U T