Allowed

Jitendra Yadav @ Jitendra Kumar v. The State of Bihar

Patna HC22 Aug 2019CR. MISC./52289/2019

Case brief

AI extract

What is this about?

In an application for anticipatory bail arising from a FIR alleging sale of illicit liquor under the Bihar Prohibition and Excise Act, 2016, the Court considered the lack of prior record and recovery of liquor from an open orchard not belonging to the petitioner.

What did the court decide?

Application for anticipatory bail allowed; petitioner to be released on bail on furnishing bond with two sureties if arrested or surrenders within four weeks.

Jitendra Yadav @ Jitendra Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52289 of 2019

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Arising Out of PS. Case No.-29 Year-2019 Thana- PARASBIGHA District- Jehanabad

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======================================================

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JITENDRA YADAV @ JITENDRA KUMAR Son of Ramashish Yadav Resident of Village-Bishunpura @ Bishunpur, Police Station-Parasbigha in the district of Jehanabad.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar For the Opposite Party/s : Ms.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 22-08-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

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This application, for grant of anticipatory bail, arises out of Parasbigha Police Station Case No. 29 of 2019, disclosing offences under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

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The allegation against the petitioner, as per the First Information Report, is that the police, on a secret information that the petitioner and one another person, namely, Prem Yadav, are indulged in selling of illicit liquor, proceeded towards the place of occurrence and upon seeing the police, the petitioner and other fled away, however, the police recovered 20 litres of illicit liquor from the open orchard.

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Patna High Court CR. MISC. No.52289 of 2019(2) dt.22-08-2019 2/3

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Learned Counsel for the petitioner submits that the petitioner has got no criminal antecedent and has falsely been implicated in this case with oblique motive on the basis of the disclosure made by he Chowkidar. He further submits that the illicit liquor has been recovered from the premises, not belonging to the petitioner and the same has been recovered from an open orchard, situated in the village. He further submits that upon perusal of the First Information Report, no prima facie case is made out against the petitioner under the Act.

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After having heard learned Counsel for the parties and taking into consideration the fact that the illicit liquor has not been recovered from the premises belonging to the petitioner and that the petitioner has got no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail. Accordingly, this application is allowed.

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Let the petitioner, Jitendra Yadav @ Jitendra Kumar, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2^nd Additional Sessions Judge, Jehanabad, in connection with Parasbigha Police Station Case No. 29 of 2019, subject to the condition laid down under

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Patna High Court CR. MISC. No.52289 of 2019(2) dt.22-08-2019 3/3

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Section 438 (2) of the Code of Criminal Procedure.

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This is subject to the condition that the petitioner shall

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present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

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(Anil Kumar Sinha, J.)

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Prabhakar Anand/-

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U √ T √

Jitendra Yadav @ Jitendra Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Jitendra Yadav @ Jitendra Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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