Tarun Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17958 of 2023 Arising Out of PS. Case No.-37 Year-2022 Thana- RAHIKA District- Madhubani ====================================================== Tarun Jha, S/O Rajeshwar Jha R/V- Rahika Kotha Toll, P.S.- Rahika, DistrictMadhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Amish Kumar For the Opposite Party/s :

Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272, 273/ 34 of the I.P.C. and Section 30(a) of the Excise Act, 2018. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 1260.360 litre of liquor from a Bolero pick-up vehicle.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that petitioner is neither the owner, nor the driver of the alleged vehicle and he came to be implicated based on secret

Patna High Court CR. MISC. No.17958 of 2023(2) dt.10-05-2023 2/2 information which is the easiest way to implicate someone when admittedly, petitioner is a person with clean antecedent. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions JudgeII-cum-Special Judge, Excise Act, Madhubani in connection with Rahika P. S. Case No.37 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T