Raja Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2405 of 2020 Arising Out of PS. Case No.-162 Year-2019 Thana- HATHAURI District- Muzaffarpur ====================================================== Raja Jha, Son of Krishan Kumar Jha, Resident of Village - Narma, P.S.- Hathauri, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Madan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-02-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Hathauri P.S. Case No. 162 of 2019 registered for the offence(s) punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, 2.160 litres of foreign liquor was recovered from the scooty of co-accused Sanjay Kumar. It is alleged that the liquor was given by the petitioner to the coaccused, Sanjay Kumar, for sale. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Petitioner has no concern with the alleged recovery. The petitioner has been made accused in this case only on the confessional statement of the co-accused, Sanjay Kumar, except that there is nothing against

Patna High Court CR. MISC. No.2405 of 2020(2) dt.26-02-2020 2/2 the petitioner.

Considering the aforesaid facts and circumstances as well as the nature of accusation, in the event of arrest or surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Hathauri P.S. Case No. 162 of 2019 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J) Ankit/- U T