Jitendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56142 of 2022 Arising Out of PS. Case No.-95 Year-2021 Thana- AMBA District- Aurangabad ====================================================== Jitendra Kumar Singh S/O Shambhu Singh R/V- Kuhat Tendua Khurd, Maharajganj, P.S.- Hariharganj, Distt- Palamu (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramendra Kumar Singh For the Opposite Party/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 120(B) of the Indian Penal Code and Sections 30(a) 41(i) of the Bihar Prohibition & Excise Act. There is recovery of 330 litres of country made liquor from a Bolero vehicle. The petitioner is owner of the Bolero vehicle.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.56142 of 2022(2) dt.18-11-2022 2/3 possession of the petitioner. Though the petitioner is owner of the vehicle but he has no concern with the recovery of seized illicit liquor. The petitioner had parked his vehicle beside the road and went to take dinner in a line hotel and when he returned after taking dinner, he did not find his vehicle. After some time, he came to know that his vehicle has been seized along with illicit liquor. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The petitioner is directed to deposit a sum of Rs. 30,000/-(Rupees Thirty Thousands) in the District Legal Services Authority, Aurangabad.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No. 1,

Patna High Court CR. MISC. No.56142 of 2022(2) dt.18-11-2022 3/3 Aurangabad in connection with Amba P.S. Case No. 95 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 30,000/-(Rupees Thirty Thousands) in District Legal Services Authority, Aurangabad.

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