Sunil Kumar Jha @ Bataha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11885 of 2023 Arising Out of PS. Case No.-39 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== SUNIL KUMAR JHA @ BATAHA Son of Mr. Rambalak Jha Resident of Village - Jhakhra, P.S.- Sarairanjan, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh, Adv For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Excise P.S. Case No. 39 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise( Amendment) Act, 2018.

As per prosecution case, there is alleged recovery of 13.035 liter foreign liquor from the hut in question and petitioner is apprehended on spot.

Learned counsel for the petitioner submits that petitioner is in custody since 13.01.2023 and bears criminal antecedent of five cases of similar nature in which he is on bail in all cases. Charge sheet has been submitted in the case and

Patna High Court CR. MISC. No.11885 of 2023(2) dt.03-05-2023 2/3 there is no likelihood of tampering with the prosecution evidence..

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, after framing of charge 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-2, Samastipur in connection with Excise P.S. Case No. 39 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife of the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

Patna High Court CR. MISC. No.11885 of 2023(2) dt.03-05-2023 3/3 (iii) 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.

(Alok Kumar Pandey, J) niku/- U T