Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69120 of 2023 Arising Out of PS. Case No.-74 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== JITENDRA KUMAR Son of Late Bachchu Prasad Singh R/o- Dundi Bazar Darav Toli P.S.- Chowk Patna City Dist- Patna Owner of Hero Ignitor Motorcycle bearing Registration No BR01BV 8564 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kritu Verma, Adv.

For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 01-11-2023

1. Heard learned counsel for the Petitioner and learned APP for the State

2. Petitioner apprehends his arrest in connection with Ara Mufassil (Dobaha O.P.) P.S. Case No. 74 of 2023 dated 12.02.2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by learned counsel for the petitioner are that as per allegation, co-accused Shambhu Paswan was caught with a motorcycle carrying forty litres country-made liquor in four sacks and according to the prosecution, the said co-accused person disclosed that the alleged motorcycle belong to this petitioner but in fact, the petitioner had exchanged his motorcycle in view of the

Patna High Court CR. MISC. No.69120 of 2023(2) dt.01-11-2023 2/3 exchange offer given by the concerned dealer and his motorcycle was exchanged to Akarsh Bajaj, Patna City but in respect of the said exchange no document was given to him and after the exchange, petitioner's younger brother Dharmjeet Kumar purchased a new motorcycle bearing registration No. BR01EM 5732 and in respect of the said facts, specific statements of paragraph No. 8 and 9 of the petition have been made and accordingly, the petitioner was not the owner of the alleged motorcycle when the alleged liquor was recovered. Further submissions are that the petitioner has fair and clean antecedent and he belongs to Patna City whereas the apprehended co-accused belonged to Bhojpur district and there is no connection in between them so, there was no reason for the petitioner to be involved with the said co-accused in the alleged smuggling of the liquor and the alleged offence of Excise Act does not prima-facie attract against the petitioner.

4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.

5. Considering the above submissions and mainly petitioner's fair and clean antecedent and also petitioner's defence discussed above, I find his prayer for anticipatory bail to be fit for acceptance. Accordingly, let the petitioner named-

Patna High Court CR. MISC. No.69120 of 2023(2) dt.01-11-2023 3/3 above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Ara Mufassil (Dobaha O.P.) P.S. Case No. 74 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) Maynaz/- U T