Patna High Court - Orders
Jitendra Ray @ Jitendra Bhar vs The State Of Bihar on 1 May, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32595 of 2024
Arising Out of PS. Case No.-23 Year-2024 Thana- ITARHI District- Buxar
======================================================
Jitendra Ray @ Jitendra Bhar Son of Bihari Ray @ Bihari Bhar Resident of
Village - Dihariya, P.S.- Itadhi, District - Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar Gupta, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 01-05-2024Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Itadhi P.S. Case No. 23 of 2024, instituted for the offences punishable under Sections 30(a) and 37(2) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that, 21.200 liters liquor was recovered from bushes near the house of the petitioner. The petitioner was apprehended on spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further Patna High Court CR. MISC. No.32595 of 2024(2) dt.01-05-2024 2/3 submitted that the alleged recovery has been made from bushes near the house of the petitioner which is an open place and easily accessible to everyone. The petitioner is in custody since 19.02.2024 and has got five criminal antecedents in which the petitioner is on bail. There is no compliance of Section 100 of Cr.P.C.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Itadhi P.S. Case No. 23 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
Patna High Court CR. MISC. No.32595 of 2024(2) dt.01-05-2024 3/3 (III) If the petitioner is found involved in similar nature of offence in future, the Trial Court will have the liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/-
U T