Navin Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25825 of 2018 Arising Out of PS.Case No. -222 Year- 2018 Thana -AHIAPUR District- MUZAFFARPUR ====================================================== Navin Kumar Jha, Son of Chandra Shekhar Jha, Resident of VillageHarpur Bakhari, P.S.- Ahiyapur, District- Muzaffarpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Hans Lal Kumar, Advocate. For the State : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 05.03.2018 in a case for the offence registered under Sections 5B(1), 5D, 6(a), 6(b), 3(i), 5, 5A, 5C of the Immoral Traffic Prevention (Amended) Act, 2006, and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that the informant raided Anand Bihar Hotel, Ahiyapur, Muzaffarpur and residential house of this petitioner and recovered seven bottles of 750 ML wine is recovered from each. On search of residential hotel, four girls, namely, Najiya Bibi, Kajal Vishwas, Babli Datta and Kajal Kumari were found in objectionable condition and three persons.

Patna High Court Cr.Misc. No.25825 of 2018 (2) dt.03-05-2018 2/3 They told that they had come through Pinki who is their friend to the house of owner Manju Devi and she used them in flesh trading and she did not pay her money. Manju Devi and her son used to send 8-10 customers for flesh trade. The informant also recovered 8 bottles of 750 ML wine from the room of Manju Devi and other things.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet/Prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 11.250 liters wine is recovered from the Hotel and residential house in question. The petitioner had no knowledge regarding the liquor kept in the hotel. There is no compliance of Section 100 Cr. P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur, in connection with Ahiyarpur P.S. Case

Patna High Court Cr.Misc. No.25825 of 2018 (2) dt.03-05-2018 3/3 No. 222 of 2018.

U.K./- (Sudhir Singh, J) U T