Jitendra Singh @ Jitan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37507 of 2017 Arising Out of PS.Case No. -277 Year- 2017 Thana -AGAMKUAN District- PATNA ======================================================

1. Jitendra Singh @ Jitan, Son of Mahendra Singh

2. Sandeep @ Sandeep Kumar, Son of Om Prakash Singh Both are Resident of Village-Rurkee, P.S. Sapla, District-Rohtak (Haryana). .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Agam Kuan P.S.Case No. 277 of 2017, arising out of Special Case No. 2771 of 2017, registered for the offences punishable under Section 30(a) of Bihar Excise Act.

Petitioners are not named in the FIR and there is recovery of 2643 litres of foreign liquor from the truck. Submission of learned counsel for the petitioners is that they have falsely been implicated in this case and they have not been arrested at the spot and their names transpire in the confessional statement of one co-accused Chandan Kumar stating that the petitioners are transporters. Further submission is that they are not the transporters and they have nothing to do with the seized articles and in support of their contention a supplementary affidavit has been filed and they are in custody for four months

Patna High Court Cr.Misc. No.37507 of 2017 (4) dt.09-10-2017 2/2 having clean antecedent.

Heard learned APP also.

Having heard both sides and in the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Patna, in connection with Agam Kuan P.S.Case No. 277 of 2017, arising out of Special Case No. 2771 of 2017, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties in the jurisdiction of court concerned, (2) Petitioners shall co-operate in trial and appear on each and every date fixed in court and failure to appear on two consecutive dates without any genuine reason or without permission of court, their bail bonds shall be liable to be cancelled.

(Vinod Kumar Sinha, J) spal/- U