Jitendra Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55389 of 2022 Arising Out of PS. Case No.-174 Year-2022 Thana- RAGHUNATHPUR District- Siwan ====================================================== Jitendra Bin Son of Kedar Bin Resident of Village- Bintolwa, Ghbhirar, P.OGabhirar, P.S.- Raghunathpur, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-10-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Raghunathpur P.S. Case No. 174 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 06.08.2022.

Patna High Court CR. MISC. No.55389 of 2022(2) dt.21-10-2022 2/3 The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 150 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that petitioner was the pillion rider of the alleged motorcycle from where illicit liquor was made. It is further submitted that recovery of alleged illicit liquor was not made from the conscious physical possession of this petitioner. It is also submitted that seizure list is disputed, as same is not supported by independent witnesses. While concluding the argument, it is categorically submitted that investigation of this case is complete, where charge-sheet has been submitted, as such, there is no chance of tempering with the evidence. Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as seizure list appears disputed, as same is not supported by independent witnesses coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Raghunathpur P.S. Case No. 174 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ADJ, Special Excise

Patna High Court CR. MISC. No.55389 of 2022(2) dt.21-10-2022 3/3 Court-2, Siwan/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T