Patna High CourtCR. MISC./10199/2021bail granted

Jitendra Das v. The State Of Bihar

2021-03-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10199 of 2021 Arising Out of PS. Case No.-382 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== JITENDRA DAS SON OF KAPILDEV DAS R/O VILLAGE- SIRSIYA, WARD NO.9, P.S.- BELA, DISTRICT- SITAMARHI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 21.10.2020 in connection with C-2 case No. 382/2020 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, 120 litres of Nepali Saufi Wine has been recovered from the possession of the petitioner. It is submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner. Chargesheet has already been submitted in this case. Petitioner has got no criminal antecedent and he is in custody since 21.10.2020.

Patna High Court CR. MISC. No.10199 of 2021(2) dt.22-03-2021 2/2 Considering the aforesaid facts and circumstances, the bail petition of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned ADJ II cum Special Judge, Excise Act, Sitamarhi, in connection with C-2 case No. 382/2020, subject to 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 on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Saif/- U T