Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85882 of 2024 Arising Out of PS. Case No.-171 Year-2024 Thana- SARMERA District- Nalanda ====================================================== Jitendra Kumar Son of Raj Kumar Pandit Resident of Village - Nathchak, P.S.- Barh, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Tiwary For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 157 liters of country made liquor is said to have been recovered from the motorcycle. He submits that the petitioner is the owner of the seized motorcycle on that basis he has been made accused in this case. He submits that the seized vehicle has already been stolen by unknown persons for which Barh P.S. Case No. 476 of 2024 was lodged by the petitioner. Petitioner has no criminal

Patna High Court CR. MISC. No.85882 of 2024(2) dt.17-12-2024 2/2 antecedent as mentioned in para-3 of this application.

4. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Sermera P.S. Case No. 171 of 2024, subject to the condition as laid down under Section 482 (2) of the BNSS, subject to the further conditions that:

(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (Anjani Kumar Sharan, J) devendra/- U T