Anand Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49026 of 2017 Arising Out of PS.Case No. -516 Year- 2017 Thana -PURNEA SADAR District- PURNIA ======================================================

1. Anand Kumar Jha, Son of Shanti Nath Jha, Resident of Maharaji Hata, Police Station- Khajanchi Hat (Sahayak) District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Niranjan Kumar For the Opposite Party/s : Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-10-2017 Heard the parties.

The petitioner seeks regular bail in connection with Special Excise Case No.2481 of 2017 registered for offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) and 37 (C)of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is about recovery of 11.250 ml. of liquor from the vehicle and the petitioner was arrested at the spot.

Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case and four persons were arrested from there as well as nothing has been recovered from his possession. The petitioner has no criminal

antecedent and he has remained in custody for about 01 month. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Purnea in connection with Special Excise Case No.2481 of 2017 arising out of Sadar P.S.Case No.516 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled.

(iv) If his active participation is found in such type of cases in future, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T