Jitendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3604 of 2023 Arising Out of PS. Case No.-307 Year-2022 Thana- KHODAWANDPUR District- Begusarai ====================================================== Jitendra Sah Son Of Suresh Sah R/O Village- Masuraj, Bariyarpur, P.S.- Khodawandpur, District- Begusarai ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/S ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 420 , 120 (B) of I.P.C and section 30a of the Bihar Prohibition and Excise Act. 798.840 liters of illegal foreign liquor has been recovered from the pickup van.

Learned counsel for the petitioner submits that the petitioner is neither owner nor driver of the vehicle. No incriminating material has been recovered from his conscious possession. The petitioner claims clean antecedent. Learned counsel for the State opposed the prayer for bail.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks

Patna High Court CR. MISC. No.3604 of 2023(2) dt.13-04-2023 2/2 from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Ld. Exclusive Special Judge-1, Excise Act, Begusarai in Khodawandpur P.S. Case No.307 of 2022 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T