Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69514 of 2018 Arising Out of PS. Case No.-312 Year-2018 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Jitendra Kumar S/o- Ashok Lal @ Ashok Chandlal resident of VillageLaheri, P.S. Laheri, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Sinha For the Opposite Party/s :

Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Laheri P.S. Case No. 312 of 2018 registered for the offence punishable under Sections 30(a) of the Bihar Excise Annexed Act, 2016.

Allegation against petitioner is of recovery of 79.56 litres of foreign and country made liquor from two plastic bags kept on Thela. Allegation against petitioner is that he alongwith other co-accused were accompanying with Thela. It has been submitted on behalf of the petitioner that he has been arrested on suspicion only and has no concern either with the Thela or the liquor kept on said Thela. Petitioner has no criminal antecedent and he is in custody since 09.10.2018.

Patna High Court Cr.Misc. No.69514 of 2018(2) dt.27-11-2018 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-VI cum Special Judge (Excise), Nalanda Bihar Sharif, in connection with Laheri P.S. Case No. 312 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T