Hariom Kumar Jha @ Hariom Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16889 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- SARAI RANJAN District- Samastipur ====================================================== HARIOM KUMAR JHA @ HARIOM JHA S/O LATE LAMBODAR JHA R/O VILLAGE- AHMADPUR, P.S- SARAI RANJAN, DISTT.- SAMASTIPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehend his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 689.25 litres of liquor from the Bathan of Subodh Mahto.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and and even alleged recovery is from a place which does not belong to the petitioner nor the petitioner has any relation with alleged Subodh Mahto.

Patna High Court CR. MISC. No.16889 of 2024(2) dt.18-03-2024 2/2 He came to be implicated at the instance of local Chowkidar, Laxmi Paswan and Umesh Paswan with whom he has on an inimical term. It is also submitted that it appears that the Chowkidar with a view to save the real culprit, falsley implicated the petitioner. It is also submitted that 90 per cent of the cases, the accused are being implicated either by the Chowkidar or local people.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sarai Ranjan P.S. Case No. 7 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) sanjeev/- U T