Pankaj Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34673 of 2018 Arising Out of PS.Case No. -101 Year- 2018 Thana -MANIGACHI District- DARBHANGA ======================================================
1. Pankaj Jha, Son of Chandrakant Jha, resident of Village- Baghant, P.SManigachhi, District- Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amit Kumar Jha For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-06-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
1669 liters of foreign liquor is said to have been recovered from the locked room of the Middle School, Chak Basawan which is said to have been rented out to the contractor Sanjay Jha by the Headmaster of School, Buddhi Nath Jha for storing cement and the petitioner and the aforesaid persons are involved in the illegal trade of liquor.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious
Patna High Court Cr.Misc. No.34673 of 2018 (02) dt.21-06-2018 - 2 - physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery. He has also no concern with the aforesaid Sanjay Jha and the Headmaster of the School. There is nothing on record indicating the complicity of the petitioner in the occurrence barring the disclosure made by the Headmaster which has no evidentiary in the eye of law. The petitioner was not apprehended on the spot. He has no criminal antecedent and has been languishing in custody since 23.05.2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-IV-cum-Special Judge Excise Act, Darbhanga in connection with Manigachhi P.S. Case No. 101 of 2018.
(Prakash Chandra Jaiswal, J) Trivedi/- U T