Patna High CourtCR. MISC./4691/2018bail granted

Jitendra Kumar And ANR v. The State Of Bihar

2018-02-02Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4691 of 2018 Arising Out of PS.Case No. -705 Year- 2017 Thana -BARACHATTI District- GAYA ======================================================

1. Jitendra Kumar, S/o Late Brahmdeo Yadav,

2. Pankaj Kumar S/o Late Krit Yadav, Both R/o Village- Nimiyan Tanr, P.S.- Barachatti, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nikhilesh Kumar For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-02-2018 Heard the learned counsels for the parties.

The petitioners seek bail in anticipation of their arrest in connection with Barachatti P.S. Case No. 705/2017 dated 09.11.2017 instituted for the offences under Sections 30(a), 38 and 47 of the Bihar Prohibition and Excise Act, 2016. A Bolero vehicle was intercepted and illicit liquor was recovered from the same. The vehicle was driven by one Arun Kumar who is said to have disclosed that the petitioners and others are involved in sale and purchase of banned liquor. Learned counsel for the petitioners has submitted that they were not arrested on the spot and their implication in the present case is only on the basis of confession of the driver of the vehicle, which was intercepted.

Patna High Court Cr.Misc. No.4691 of 2018 (2) dt.02-02-2018 2/2 The petitioners do not have any criminal antecedent. Considering the aforesaid facts, the petitioners above named are directed to be released on bail, in the event of their surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bond in the sum of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Gaya in connection with Barachatti P.S. Case No. 705/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J.) Rakhi U T