Jitendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11035 of 2017 Arising Out of PS.Case No. -232 Year- 2016 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== Jitendra Sah, son of Panna Lal Sah, resident of Village - Golaghat Dumari, P.S. Jogapatti, Distt. - West Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shree Nivas Madhuvan For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-04-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273 and 420 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Name of the petitioner has transpired in the confessional statement of co-accused and there is no direct accusation against the petitioner. Hence, bar under Section 76 of the Bihar Prohibition and Excise Act, 2016 is not attracted against the petitioner in the facts and circumstances of this case.

Hence, let the petitioner, above named, in the event

Patna High Court Cr.Misc. No.11035 of 2017 (3) dt.26-04-2017 of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 learned Chief Judicial Magistrate, Gopalganj/Successor Court in connection with Kuchaikot P.S. Case No.232 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and subject to the further condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court below shall be at liberty to take steps for cancellation of the bail bonds of the petitioner in this case. Arvind/- (Birendra Kumar, J) U T