Anil Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27867 of 2017 Arising Out of PS.Case No. -21 Year- 2017 Thana -BHAIRABASHTHAN District- MADHUBANI ======================================================

1. Anil Kumar Jha son of Shri Ram Prasad Jha resident of village - Haithibali, P.S. - Bhairab Asthan, District - Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-07-2017 The petitioner seeks regular bail in connection with Bhairab Asthan P.S. Case No. 21 of 2017, registered for offences punishable under Sections 290, 272, 273 of the Indian Penal Code and Section 30(a) and 38(i)(ii) of Bihar Prohibition and Excise Act.

Petitioner is the chairman of PACS and allegation is of recovery of 1609 litres of wine.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case due to political rivalry and though he is the chairman of the PACS but it has nowhere come that only the petitioner was custodian of the godown from which the alleged recovery has been made. Further petitioner has no criminal antecedent and has been in judicial custody since 13.04.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the facts as stated

Patna High Court Cr.Misc. No.27867 of 2017 (3) dt.21-07-2017 2/2 above, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Jhanjharpur, District - Madhubani, in connection with Bhairab Asthan P.S. Case No. 21 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T