Arun Jha @ Arun Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26226 of 2023 Arising Out of PS. Case No.-407 Year-2022 Thana- RAJNAGAR District- Madhubani ====================================================== 1.

ARUN JHA @ ARUN KUMAR JHA S/O PANCH JHA @ PANCHANAND JHA Resident of Village- Belha, P.S.- Rajnagar, District- Madhubani. 2.

REKHA DEVI W/O BIHARI MUKHIYA Resident of Village- Belha, P.S.- Rajnagar, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kusum Rani, Advocate For the Opposite Party/s :

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code read with Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent, petitioner no.2 is a woman and allegation is of recovery of 06 litres of liquor from a place under a bridge.

Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing

Patna High Court CR. MISC. No.26226 of 2023(2) dt.16-05-2023 2/2 was recovered from their conscious possession, it is next submitted that even the alleged recovery is from a place which is accessible to public at large and the petitioners came to be implicated based on secret information which is the easiest way to implicate someone, when admittedly petitioners are persons with clean antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with G.R. No. 2608 of 2022 arising out of Rajnagar P.S. Case No. 407 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T