Mohan Jha @ Aanand Mohan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4713 of 2019 Arising Out of PS. Case No.-96 Year-2018 Thana- HATHAURI District- Samastipur ====================================================== Mohan Jha @ Aanand Mohan Jha, son of Raj Kumar Jha, resident of VillageBhanpur, Shivajee nagar, P.S-Hathauri, Distt.-Samastipur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Hathauri P.S. Case No. 96 of 2018, registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and under Sections 47 and 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner has been implicated in connection with 3.75 liter of illegal liquor, which has been recovered from one Shambhu Kumar @ Arbind Prasad Mandal.

In paragraph no.3 of this bail petition, it has been stated that the petitioner has no criminal antecedent. Looking to the aforesaid fact, let the petitioner,

Patna High Court Cr.Misc. No.4713 of 2019(2) dt.29-01-2019 2/2 namely, Mohan Jha @ Aanand Mohan Jha, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the A.D.J.-VI-cum-Special Judge, Excise Act, Samastipur, in connection with Hathauri P.S. Case no. 96 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

However, at the time of accepting bail bonds, the court below would verify and assure itself regarding the criminal antecedent of the petitioner. If he is having clean antecedent, then his bail bond would be accepted. If he is found to be involved in any other case before filing of this application i.e. 28.01.2019 then he would not be released. (Shivaji Pandey, J) pawan/- U T