Patna High CourtCR. MISC./85119/2023allowed

Jitendra Kumar v. The State Of Bihar

2024-01-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85119 of 2023 Arising Out of PS. Case No.-136 Year-2023 Thana- CHANDAN District- Banka ====================================================== JITENDRA KUMAR S/O RAM VILASH PASWAN R/O VILLAGE- TIRA JATMALPUR, P.S- KALYANPUR, DISTT.- SAMASTIPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of total 332.46 liters of illegal foreign liquor from two vehicles.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern either with the seized vehicles or with the wine in question. No incriminating article has been recovered from the conscious possession of the petitioner. The provision of Section 100 of the Cr.P.C. has not been followed in this case, while

Patna High Court CR. MISC. No.85119 of 2023(2) dt.09-01-2024 2/2 preparing the seizure list. He submitted that the other coaccused has already been granted bail by a Co-ordinate Bench vide order dated 28.11.2023 passed in Cr. Misc. No. 75562 of 2023. He is languishing in judicial custody since 30.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II, Banka in connection with Chandan P.S. Case No. 136 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T