Jitendra Paswan @ Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54561 of 2022 Arising Out of PS. Case No.-6 Year-2021 Thana- JAYRAMPUR District- Sheikhpura ====================================================== JITENDRA PASWAN @ JITENDRA KUMAR Son of Late Saryug Paswan Resident of Village - Dharampur, P.S.- Sheikhpura, District - Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Jayrampur P.S. Case no. 6 of 2021 instituted for the offence under Section 30 (a) of the Indian Penal Code.

Prosecution case relates to recovery of 3752.64 litres of foreign liquor from a truck. Four persons were apprehended from the spot.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern either with the

Patna High Court CR. MISC. No.54561 of 2022(2) dt.17-11-2022 2/3 alleged recovery or with the truck in question. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. It is further submitted that petitioner is not named in F.I.R. and his name surfaced during investigation. A statement has been made in Para 12 of the petition that the name of petitioner has dragged in this case on the instance of one Lal Mohan, with whom the petitioner has inimical relation. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Jairampur P.S. Case no. 6 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, Sheikhpura. subject to the conditions as laid down under section 438(2)

Patna High Court CR. MISC. No.54561 of 2022(2) dt.17-11-2022 3/3 of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T