Ajit Jha @ Chandra Kishor Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13407 of 2025 Arising Out of PS. Case No.-21 Year-2025 Thana- RAHIKA District- Madhubani ====================================================== Ajit Jha @ Chandra Kishor Jha Son Of Shre Ishwara Nand Jha @ Ishwarchandra Jha R/O- Village-Satlakha, Ps-Rahika, Distt.-Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y.C. Verma, Sr. Adv.
Mr. Vikash Kr. Jha, Adv.
Mr. Adarsh Singh, Adv.
Mr. Khalid Faizan, Adv.
For the Opposite Party/s :
Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-03-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.
2. The present Cr. Misc. Application has been filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Rahika P.S. Case No. 21 of 2025 (G.R. No. 88 of 2024), dated 18.01.2025, lodged under Sections 329(3), 274, 275 & 3(5) of the Bharatiya Nyaye Sanhita, 2023, and under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, total recovery of 475.73 litres of illicit liquor has been made which is the subject matter of the present case.
4. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.13407 of 2025(2) dt.28-03-2025 2/2 petitioner is innocent and has committed no offence. Counsel further submits that the petitioner's name has figured in this case by virtue of the confessional statement. Counsel further submits that the petitioner was not present at the time of the occurrence, as he had gone out of station for treatment. Counsel also submits that the criminal antecedent of the petitioner is clean.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Additional District and Sessions Judge- 2nd- cum- Special Judge (Excise Act), Madhubani, in connection with Rahika P.S. Case No. 21 of 2025 (G.R. No. 88 of 2024), subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.) Aman Kumar/- U T