Jitendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62475 of 2019 Arising Out of PS. Case No.-205 Year-2019 Thana- PUNPUN District- Patna ====================================================== JITENDRA SINGH, Son of Late Bipin Bihari Singh, Resident of Village - Dharhara, P.S.- Punpun, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 04.08.2019 in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016 and Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956.

It is alleged that the petitioner, being the owner of a hotel, was indulged in flesh trade business and during raid, he was found in inebriated condition. It is further alleged that 375 ml of Indian Made Foreign Liquor was recovered from the hotel.

It is submitted by learned counsel for the petitioner that the petitioner is not the owner of the hotel in question, rather, he being

Patna High Court CR. MISC. No.62475 of 2019(2) dt.23-10-2019 2/2 a staff, has been framed in the present case by the owner of the hotel.

Learned APP for the State submits that the recovery of liquor has been made from the hotel of the petitioner and he was found in inebriated condition in the hotel. Considering the meagre quantity of recovery made from the hotel and coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Patna in connection with Punpun P.S. Case No. 205 of 2019.

(Dinesh Kumar Singh, J) Ashwini/- U T