Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70575 of 2019 Arising Out of PS. Case No.-144 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== Jitendra Kumar Son of Late Lakhan Sah @ Ram Lakhan Sah Resident of Village-Taraura Gopalpur, P.S.-Mushahri, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Excise P.S. Case No. 144 of 2019 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act-2016. 44.310 lts. of country made liquor is said to have been recovered from the hut of the petitioner and petitioner was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the hut in question. The hut in question is not hailing to the petitioner. He has been falsely

Patna High Court CR. MISC. No.70575 of 2019(2) dt.04-12-2019 2/2 implicated in this case merely on suspicion while he was passing through the place of occurrence at the time of occurrence. Petitioner has no criminal antecedent and has been languishing in custody since 8.09.2019.

On the other hand, learned APP opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, 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, Muzaffarpur in connection with Excise P.S. Case No. 144 of 2019.

(Prakash Chandra Jaiswal, J) rohit/- U T