Jai Mangal Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13985 of 2020 Arising Out of PS. Case No.-1 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== JAI MANGAL OJHA Son of Late Ram Pratap Ojha R/O- Khabara Dinkar Nagar, P.S.- Sadar, Dist. - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-06-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in connection with Sadar P.S. Case No. 01 of 2020, registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that on receiving secret information about keeping of liquor in the Bathan situated behind the house of Jai Mangal Ojha (Petitioner) in villageKhabra, the informant and other Police personnel reached there, but, none family members of Jai Mangal Ojha (Petitioner) was found there. On search of Bathan, situated behind the house of petitioner, four cartons, each containing 48 bottles of 180 ML Indian made foreign liquor recovered.

Patna High Court CR. MISC. No.13985 of 2020(2) dt.11-06-2020 2/2 Learned counsel for the petitioner submits that it would appear from the F.I.R. that the alleged bottles of liquor are said to be recovered from the Bathan situated behind the house of petitioner and not from the house of petitioner. The petitioner has no criminal antecedent and due to highhandedness of the Police, the petitioner has falsely been implicated in this case.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Muzaffarpur in connection with Sadar P.S. Case No. 01 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T