Rajeshwar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12978 of 2023 Arising Out of PS. Case No.-37 Year-2022 Thana- RAHIKA District- Madhubani ====================================================== Rajeshwar Jha, Son of Late Mahant Jha, Resident of Village - Rahika Kotha Toll, P.S.- Rahika, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amish Kumar, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-04-2023 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 272, 272/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

As per prosecution case, 1260.36 litres foreign liquor has been recovered from pickup van.

Learned Counsel for the petitioner submits that petitioner is neither driver nor owner of the van in question. No incriminating material has been recovered from the conscious possession of the petitioner and he has been made accused in the present case only on the basis of suspicion. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.12978 of 2023(2) dt.29-04-2023 2/2 Considering the aforesaid facts and circumstances, let the above named petitioner in the event of his arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge-II, Madhubani in connection with Rahika P. S. Case No. 37 of 2022 (GR No. 460 of 2022), subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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