Jitendra Kumar @ Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68202 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== 1.

Jitendra Kumar @ Jitendra Yadav S/o Mahavir Yadav 2.

Sujit Kumar Yadav @ Sujit Yadav S/O Durganand Yadav Both are Resident of Village- Inarwa, Police Station- Phulparas, DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-09-2024

1. Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act in connection with Bhairav Asthan P.S. Case No.72 of 2024.

3. The learned counsel for the petitioners submit that the petitioners have antecedent of two cases and allegation is of recovery of 172.38 liters of liquor from two vehicles as detailed in the FIR.

Patna High Court CR. MISC. No.68202 of 2024(2) dt.19-09-2024 2/3

4. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and they are not the owner of any of the seized vehicle and they came to be implicated based on secret information which is the easiest way to implicate someone.

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Jhanjharpur, Madhubani in connection with Bhairav Asthan P.S. Case No.72 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. It is made clear that the learned trial court before accepting the bail bonds of the petitioners shall verify the criminal antecedent of the petitioners and in the event, if it is found that petitioners have antecedent of more than two cases, in that event, the present anticipatory bail order shall not be

Patna High Court CR. MISC. No.68202 of 2024(2) dt.19-09-2024 3/3 given effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T