Patna High CourtCR. MISC./59007/2017bail granted

Jitendra Kumar v. The State Of Bihar

2017-12-22Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59007 of 2017 Arising Out of PS.Case No. -181 Year- 2017 Thana -MUFFASIL District- AURANGABAD ======================================================

1. Jitendra Kumar S/o Vijay Pal, R/o Village- Shankarpur, P.O.- Sarsauli, P.S.- Obra, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Kumar Dipak, Advocate For the Opposite Party/s : Mr. Ganesh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Aurangabad Muffasil P. S. Case No. 181 of 2017 instituted for the offence punishable under Section 30 (a)/ 38 (i)/41 of the Bihar Excise Prohibition Amendment Act, 2016.

The allegation is regarding recovery of 480 liters of illicit liquor, while some persons were loading and unloading the same on Bolero and Tata A.C. vehicle.

Learned counsel for the petitioner submits that the petitioner is merely a laborer, hence he has nothing to do with the alleged recovery. It is submitted that the petitioner has clean antecedent and he is languishing in jail since 12.10.2017.

Patna High Court Cr.Misc. No.59007 of 2017 (2) dt.22-12-2017 2/2 Considering the nature of accusation, period of custody undergone and clean antecedent, I deem it fit and appropriate to direct the release of the petitioner. Accordingly, the petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- ( Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions JudgeVII-Cum- Special Judge (Excise), Aurangabad in connection with Aurangabad Muffasil P. S. Case No. 181 of 2017. (Mohit Kumar Shah, J) Sudha/- U T