Indra Mohan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17891 of 2022 Arising Out of PS. Case No.-34 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== INDRA MOHAN JHA son of Late Satya Deo Jha (Wrongly mentioned in Prosecution Report as Late Sahdev Jha). Resident of Village - Dharmagatpur Pilkhi Gajpatti, P.S. - Sakra, District - Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 414 of the IPC and Sections 30 (a) and 35(a) of the Bihar Prohibition and Excise Act, 2016.

It is a case of recovery of illicit liquor from the house of co-accused Ajay Kumar Jha.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that petitioner has three criminal antecedents of the same nature of offence and he has not been apprehended at the spot.

Patna High Court CR. MISC. No.17891 of 2022(2) dt.12-08-2022 2/2 Learned APP appearing for the State opposed the anticipatory bail.

After considering the aforesaid facts and circumstances of the case as well as the fact the petitioner has three criminal antecedents of the same nature of offence, I am not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner is rejected.

However, the petitioner is directed to surrender before the court below and pray for regular bail and the court below may consider his bail that there is no recovery from the conscious or constructive possession of the petitioner and pass order without being prejudiced by this order. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T