Raj Narayan Jha @ Raju Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14514 of 2023 Arising Out of PS. Case No.-5 Year-2023 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Raj Narayan Jha @ Raju Jha Son Of Late Hira Nand Jha R/V- Pahi, P.SPandaul, Dist- Madhubani ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Jha For the Opposite Party/s :
Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 272, 273, 420, 120(B) of Indian Penal Code and Sections 30(a), 32(i)(ii), 36, 41(i) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 427.320 litres of I.M.F.L. from a truck bearing registration number HR-69B-4828. Petitioner was alleged to be
Patna High Court CR. MISC. No.14514 of 2023(2) dt.27-04-2023 2/3 apprehended on spot.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern either with the alleged recovered liquor or with the Truck in question. Nothing has been recovered from the conscious possession of the petitioner. There is no independent witness of seizure list. Moreover, the petitioner is languishing in judicial custody since 11.1.2023.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise
Patna High Court CR. MISC. No.14514 of 2023(2) dt.27-04-2023 3/3 Act, Jhanjharpur in connection with Bhairavsthan P.S. Case No. 5 of 2023.
(Sunil Kumar Panwar, J) Nirajkrs/- U T