Patna High CourtCR. MISC./55932/2019bail granted

Jitendra Kumar @ Jitendar Kumar v. The State Of Bihar

2019-09-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55932 of 2019 Arising Out of PS. Case No.-233 Year-2019 Thana- GOVT. OFFICIAL COMPLAINT CASE District- Sheikhpura ====================================================== JITENDRA KUMAR @ JITENDAR KUMAR (Male), aged about 26 years, Son of Gulten Ram @ Guletan Dhadi, Resident of Village - Murarpur, P.S.- Korma, Dist.- Sheikhpura.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Gajendra Kumar Singh, Advocate.

For the Opposite Party :

Mr.Lakshmi Kant Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 23.07.2019 in a case for the offence registered under Sections 30(a) and 37(b) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that total 10 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is

Patna High Court CR. MISC. No.55932 of 2019(2) dt.03-09-2019 2/2 alleged that total 10 liters wine is recovered from possession of the petitioner. The petitioner was also found in drunken condition. There is no compliance of Section 100 Cr. P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional District & Sessions Judge, Sheikhpura, in connection with Excise Case No. 233 of 2019.

(Sudhir Singh, J) U.K./- U T