Jitesh Kumar Yadav @ Jitesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83683 of 2024 Arising Out of PS. Case No.-287 Year-2024 Thana- SISWAN District- Siwan ====================================================== Jitesh Kumar Yadav @ Jitesh Kumar S/o- Pashuram Yadav Resident Of Village- Bakhri, Ps- Siswan, Dist- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Siswan P.S. Case No.287 of 2024 dated 14.09.2024 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. The allegation is of recovery of 70 liters countrymade liquor from the motorcycle bearing registration no.BR29T6110.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that no recovery has been made either from the conscious possession or from the house of the petitioner. It is also submitted that petitioner has not been apprehended from the spot and his name was disclosed by the
Patna High Court CR. MISC. No.83683 of 2024(2) dt.11-12-2024 2/2 local people of the area. It is next submitted that petitioner is not the owner of the seized motorcycle. Lastly, it has been submitted that petitioner has no criminal antecedent.
5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Siswan P.S. Case No.287 of 2024, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise, Court No.II, Siwan, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Prakash Narayan U T