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Patna High CourtCR. MISC./79636/2018allowed

Jitendra Bin v. The State Of Bihar

2019-01-15Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79636 of 2018 Arising Out of PS. Case No.-178 Year-2018 Thana- RAGHUNATHPUR District- Siwan ====================================================== Jitendra Bin Son of Kedar Bin @ Kedar Prasad Resident of Village - Gabhirar, Bin Tolwa, P.S.- Raghunathpur, District - Siwan ... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Dubey For the Respondent/s :

Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for grant of regular bail filed by the petitioner. Petitioner is in custody in connection with Raghunathpur PS Case No. 178 of 2018 for the alleged offence under Sections 272/273/308 of the Indian Penal Code and Sections 30(A)/ 38(A)/41(1) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is that 3.600 liters of country made mahua was seized from the backside of his house. Learned counsel for the petitioner would submit that the petitioner has criminal antecedent of committing similar type of offence. Petitioner is in custody since 12.10.2018. Considering that the petitioner is in fact behind the

Patna High Court Cr.Misc. No.79636 of 2018(2) dt.15-01-2019 2/2 bar since 12.10.2018, this application is allowed. Accordingly, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge -II, Siwan in connection with Raghunathpur PS Case No. 178 of 2018 subject to the condition that if in future the name of the petitioner finds figure in such offence, the trial court shall cancel the bail bond of the petitioner.

(Anil Kumar Upadhyay, J) mrl./- U T