Keshav Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32571 of 2021 Arising Out of PS. Case No.-653 Year-2020 Thana- SITAMARHI District- Sitamarhi ====================================================== KESHAV JHA S/o Triveni Jha Resident of Village- Sangram Fundah, P.S.- Riga, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate Mr.Virendra Kumar For the Opposite Party/s :

Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-12-2021 Heard learned counsel for the parties.

Petitioner seeks regular bail in connection with Sitamarhi P.S. Case No. 653 of 2020 registered for the offence under Section 414 / 34 of the I.P.C. and Section 30(a) / 36 of the Bihar Prohibition and Excise Act, 2016.

The allegation is that a Scorpio vehicle was intercepted by the Police and a total quantity of 353.880 liters of illicit liquor was recovered from the same and one person namely Pradip Kumar was arrested and the name of the petitioner has transpired on the basis of confessional statement made by arrested co-accused /Pradip Kumar.

Learned counsel for the petitioner submits that petitioner is neither the owner nor the driver of the vehicle in

Patna High Court CR. MISC. No.32571 of 2021(2) dt.20-12-2021 2/2 question, he is in custody since 23/02/2021, charge sheet has already been submitted. He further submits that Pradip Kumar has been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 23704 of 2021.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that no illicit liquor has been recovered from the conscious possession of the petitioner, he is in custody since 23-02-2021, the co-accused / Pradip Kumar has been granted bail and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. II cum Special Judge, Excise Act Sitamarhi in connection with Sitamarhi P.S. Case No. 653 of 2020.

(Anil Kumar Sinha, J) praful/- U T